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S. B. No. 99As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Nein, Mumper, Spada
A BILL
To amend sections 3121.01, 3121.07, 4141.01, 4141.06,
4141.162,
4141.20, 4141.24, 4141.26, 4141.281,
4141.301, 4141.35, and 4503.03;
to amend, for the
purpose
of adopting new section numbers as
indicated in
parentheses, sections 4141.281
(4141.283),
4141.282
(4141.284), and 4141.283
(4141.285);
to
enact new sections 4141.28,
4141.281, and
4141.282; and to repeal section
4141.28 of the
Revised
Code to modify procedures
for applying for
determination of unemployment
compensation
benefits and claims for those
benefits, to modify
the procedures
for
appealing
decisions relative to
unemployment compensation
benefits, to require
that the information
currently submitted by
employers
in two separate
quarterly reports be
merged into one report, and
to correspondingly
modify the threshold parameters
for forfeiture
penalties for late and improper
filing of
quarterly reports.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3121.01, 3121.07, 4141.01, 4141.06,
4141.162, 4141.20, 4141.24, 4141.26, 4141.281, 4141.301,
4141.35,
and 4503.03 be amended; sections 4141.281 (4141.283), 4141.282
(4141.284), and
4141.283 (4141.285) be amended for the purpose of
adopting new
section numbers as indicated in parentheses;
and new
sections 4141.28, 4141.281, and 4141.282 of the Revised Code be
enacted to
read as follows:
Sec. 3121.01. As used in this chapter: (A) "Court child support order," "court support order,"
and
"personal earnings" have the same meanings
as in section 3119.01
of the Revised Code. (B) "Default" means any failure to pay under a support
order
that is an amount greater than or equal to the amount of
support
payable under the support order for one month. (C) "Financial institution" means a bank, savings and loan
association, or credit union, or a regulated investment company
or
mutual fund. (D) "Income" means any form of monetary payment, including
personal earnings; workers' compensation
payments; unemployment
compensation benefits to the extent
permitted by, and in
accordance with, sections 3121.07 and
4141.282
4141.284 of the
Revised
Code,
and federal
law governing the department of job and
family
services; pensions; annuities;
allowances; private or
governmental
retirement benefits; disability or sick
pay;
insurance proceeds;
lottery prize awards; federal, state, or
local
government benefits
to the extent that the benefits can be
withheld or deducted under
the law governing the benefits; any
form of trust fund or
endowment; lump sum payments; and any other
payment in
money. (E) "Payor" means any person or entity that pays or
distributes income to an obligor, including an obligor if the
obligor is self-employed; an employer; an employer
paying an
obligor's workers' compensation benefits; the public
employees
retirement board; the
governing entity of a municipal retirement
system; the board of
trustees of the Ohio police and fire pension
fund; the state teachers retirement board; the school employees
retirement board; the state highway patrol retirement board; a
provider, as defined in section 3305.01 of the Revised Code; the
bureau of workers' compensation; or any other person or entity
other than the department of job and family services with respect
to
unemployment compensation benefits paid pursuant to
Chapter
4141. of the
Revised
Code.
Sec. 3121.07. (A) If a child support enforcement
agency
discovers pursuant to an investigation conducted under section
3123.02 of the Revised Code that an obligor under a
child support
order that it is administering may be receiving unemployment
compensation benefits or if a child support enforcement agency
receives notice or otherwise discovers that an obligor under a
child support order may be receiving unemployment compensation
benefits, the agency promptly shall conduct an investigation to
determine whether the obligor is receiving unemployment
compensation benefits and to determine the amount of the
benefits.
The investigation shall be completed within ten days
of the
agency's discovery or receipt of the notice. (B)(1) Upon completion of an investigation conducted under
division (A) of this section, if the agency finds that the obligor
is
receiving unemployment compensation benefits, it shall,
in
accordance with Chapter 3121. of the Revised Code and section
4141.282
4141.284
of the Revised Code and federal law governing
the
department of job and family
services, notify the department
of
job and family services to withhold
or deduct an amount
from
the unemployment compensation benefits to
pay child support
obligations.
Any deduction from a source in accordance with this
section and section
4141.282
4141.284 of the Revised Code is in
addition to, and does not preclude, any withholding or
deduction
for purposes of child support under Chapters 3119., 3121.,
and
3123. of the Revised Code. The agency may not impose the processing charge pursuant to
section 3119.27 of the Revised Code with
respect to amounts
withheld
or deducted from unemployment compensation pursuant to
this section. (2)(a) The department of job and family services, in
accordance
with
section
4141.282
4141.284 of
the Revised Code,
shall deduct and withhold
from unemployment compensation payable
to the obligor,
and pay to the appropriate child support
enforcement entity,
whichever of the following is applicable: (i) Any amount required to be
deducted and withheld from the
unemployment compensation
pursuant to legal process, as that term
is defined in Title
IV-D of the
"Social Security Act," 88
Stat.
2351 (1975), 42
U.S.C.
651 et seq., as amended, and properly
served on the
administrator
director of job and family services,
as
described in
section 4141.282 of the
Revised Code;
(ii) When division (B)(2)(a)(i)
of this section is
inapplicable, an amount determined
pursuant to an agreement
submitted to the
administrator
director under
Title IV-D of
the
"Social
Security
Act," 88 Stat. 2351, 42
U.S.C.
651 et seq., as
amended, by the state or local child support enforcement
agency;
(iii) If neither division
(B)(2)(a)(i)
nor (ii) of this
section is applicable, then
the amount specified by the
individual. (b) The amount of unemployment
compensation subject to being
withheld pursuant to division
(B)(2)(a)
of this section is that
amount that remains payable to the
individual after application of
any recoupment provisions for
recovery of overpayments and after
deductions that have been
made under Chapter 4141. of the
Revised
Code 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 of the bureau of
employment services
director. (c) Any deduction and withholding
pursuant to division (B)
of
this section from unemployment compensation payable to an
obligor is subject to, and shall be in accordance with,
section
4141.282
4141.284 of the Revised Code. (C) The director
of job and
family services shall adopt
rules in
accordance with Chapter 119. of the Revised Code to
implement this section,
which rules shall be consistent with
section
4141.282
4141.284
of the Revised Code and federal law
governing the department.
Sec. 4141.01. As used in this chapter, unless the context
otherwise requires: (A)(1) "Employer" means the state, its instrumentalities,
its political subdivisions and their instrumentalities, and any
individual or type of organization including any partnership,
limited
liability company, association, trust, estate, joint-stock
company,
insurance
company, or corporation, whether domestic or
foreign, or the
receiver, trustee in bankruptcy, trustee, or the
successor
thereof, or the legal representative of a deceased
person who
subsequent to December 31, 1971, or in the case of
political
subdivisions or their instrumentalities, subsequent to
December
31, 1973: (a) Had in employment at least one individual, or in the
case of a nonprofit organization, subsequent to December 31,
1973,
had not less than four individuals in employment for some
portion
of a day in each of twenty different calendar weeks, in
either the
current or the preceding calendar year whether or not
the same
individual was in employment in each such day; or (b) Except for a nonprofit organization, had paid for
service in employment wages of fifteen hundred dollars or more in
any calendar quarter in either the current or preceding calendar
year; or (c) Had paid, subsequent to December 31, 1977, for
employment in domestic service in a local college club, or local
chapter of a college fraternity or sorority, cash remuneration of
one thousand dollars or more in any calendar quarter in the
current calendar year or the preceding calendar year, or had paid
subsequent to December 31, 1977, for employment in domestic
service in a private home cash remuneration of one thousand
dollars in any calendar quarter in the current
calendar year or
the preceding calendar year: (i) For the purposes of divisions (A)(1)(a) and (b) of
this
section, there shall not be taken into account any wages
paid to,
or employment of, an individual performing domestic
service as
described in this division. (ii) An employer under this division shall not be an
employer with respect to wages paid for any services other than
domestic service unless the employer is also found to be an
employer under division (A)(1)(a), (b), or (d) of this section. (d) As a farm operator or a crew leader subsequent to
December 31, 1977, had in employment individuals in agricultural
labor; and (i) During any calendar quarter in the current calendar
year
or the preceding calendar year, paid cash remuneration of
twenty
thousand dollars or more for the agricultural labor; or (ii) Had at least ten individuals in employment in
agricultural labor, not including agricultural workers who are
aliens
admitted to the United States to perform agricultural labor
pursuant to sections 214(e) and
101(a)(15)(H) of the "Immigration
and
Nationality Act," 66 Stat. 163, 8 U.S.C.A.
1101(a)(15)(H)(ii)(a), for some portion of a day in
each of the
twenty different calendar weeks, in either the
current or
preceding calendar year whether or not the same
individual was in
employment in each day; or (e) Is not otherwise an employer as defined under division
(A)(1)(a) or (b) of this section; and (i) For which, within either the current or preceding
calendar year, service, except for domestic service in a private
home not covered under division (A)(1)(c) of this section, is or
was performed with respect to which such employer is liable for
any federal tax against which credit may be taken for
contributions required to be paid into a state unemployment fund; (ii) Which, as a condition for approval of this chapter
for
full tax credit against the tax imposed by the "Federal
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311,
is
required, pursuant to such act to be an employer under this
chapter; or (iii) Who became an employer by election under division
(A)(4) or (5) of this section and for the duration of such
election; or (f) In the case of the state, its instrumentalities, its
political subdivisions, and their instrumentalities, had in
employment, as defined in division (B)(2)(a) of this section, at
least one individual; (g) For the purposes of division (A)(1)(a) of this
section,
if any week includes both the thirty-first day of
December and the
first day of January, the days of that week
before the first day
of January shall be considered one calendar
week and the days
beginning the first day of January another
week. (2) Each individual employed to perform or to assist in
performing the work of any agent or employee of an employer is
employed by such employer for all the purposes of this chapter,
whether such individual was hired or paid directly by such
employer or by such agent or employee, provided the employer had
actual or constructive knowledge of the work. All individuals
performing services for an employer of any person in this state
who maintains two or more establishments within this state are
employed by a single employer for the purposes of this chapter. (3) An employer subject to this chapter within any
calendar
year is subject to this chapter during the whole of such
year and
during the next succeeding calendar year. (4) An employer not otherwise subject to this chapter who
files with the director of job and family services
a written
election to become an employer subject to this
chapter for not
less than two calendar years shall, with the
written approval of
such election by the director,
become an
employer subject to this
chapter to the same extent as all other
employers as of the date
stated in such approval, and shall cease
to be subject to this
chapter as of the first day of January of
any calendar year
subsequent to such two calendar years only if
at least thirty days
prior to such first day of January the
employer has filed with the
director a written
notice to that effect. (5) Any employer for whom services that do not constitute
employment are performed may file with the
director a
written
election that all such services performed by individuals
in the
employer's employ in one or more distinct establishments or places
of
business shall be deemed to constitute employment for all the
purposes of this chapter, for not less than two calendar years.
Upon written
approval of the election by the director, such
services shall be deemed to constitute employment subject to this
chapter from and after the date stated in such approval. Such
services shall cease to be employment subject to this chapter as
of the first day of January of any calendar year subsequent to
such two calendar years only if at least thirty days prior to
such
first day of January such employer has filed with the
director a
written notice to that effect. (B)(1) "Employment" means
service performed by an individual
for
remuneration under any contract of
hire, written or oral,
express or implied, including service
performed in interstate
commerce and service performed by an
officer of a corporation,
without regard to whether such service
is executive, managerial,
or manual in nature, and without regard
to whether such officer is
a stockholder or a member of the board
of directors of the
corporation,
unless it is shown to the satisfaction of the
director that such individual
has been and will continue to be
free from direction or control
over the performance of such
service, both
under a
contract of service and in fact.
The
director shall adopt rules to define
"direction or control." (2) "Employment" includes: (a) Service performed after December 31, 1977, by an
individual in the employ of the state or any of its
instrumentalities, or any political subdivision thereof or any of
its instrumentalities or any instrumentality of more than one of
the foregoing or any instrumentality of any of the foregoing and
one or more other states or political subdivisions and without
regard to divisions (A)(1)(a) and (b) of this section, provided
that such service is excluded from employment as defined in the
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,
3306(c)(7) and is not excluded under division (B)(3) of this
section; or the services of employees covered by voluntary
election, as provided under divisions (A)(4) and (5) of this
section; (b) Service performed after December 31, 1971, by an
individual in the employ of a religious, charitable, educational,
or other organization which is excluded from the term
"employment"
as defined in the "Federal Unemployment Tax Act," 84
Stat. 713, 26
U.S.C.A. 3301 to 3311, solely by reason of
section 26
U.S.C.A.
3306(c)(8) of that act and is not excluded under
division (B)(3)
of this section; (c) Domestic service performed after December 31, 1977,
for
an employer, as provided in division (A)(1)(c) of this
section; (d) Agricultural labor performed after December 31, 1977,
for a farm operator or a crew leader, as provided in division
(A)(1)(d) of this section; (e) Service not covered under division (B)(1) of this
section which is performed after December 31, 1971: (i) As an agent-driver or commission-driver engaged in
distributing meat products, vegetable products, fruit products,
bakery products, beverages other than milk, laundry, or
dry-cleaning services, for the individual's employer or
principal; (ii) As a traveling or city salesperson, other than as an
agent-driver or commission-driver, engaged on a full-time basis
in
the solicitation on behalf of and in the transmission to
the
salesperson's employer or principal except for sideline
sales
activities on
behalf of some other person of orders from
wholesalers,
retailers, contractors, or operators of hotels,
restaurants, or
other similar establishments for merchandise for
resale, or
supplies for use in their business operations, provided
that for
the purposes of this division (B)(2)(e)(ii) of this
section, the
services shall be deemed employment if the contract
of service
contemplates that substantially all of the services are
to be
performed personally by the individual and that the
individual does not have a substantial investment in facilities
used in connection with the performance of the services other
than
in facilities for transportation, and the services are not
in the
nature of a single transaction that is not a part of a
continuing
relationship with the person for whom the services are
performed. (f) An individual's entire service performed within or
both
within and without the state if: (i) The service is localized in this state. (ii) The service is not localized in any state, but some
of
the service is performed in this state and either the base of
operations, or if there is no base of operations then the place
from which such service is directed or controlled, is in this
state or the base of operations or place from which such service
is directed or controlled is not in any state in which some part
of the service is performed but the individual's residence is in
this state. (g) Service not covered under division (B)(2)(f)(ii) of
this
section and performed entirely without this state, with
respect to
no part of which contributions are required and paid
under an
unemployment compensation law of any other state, the
Virgin
Islands, Canada, or of the United States, if the
individual
performing such service is a resident of this state
and the
director
approves the election of the employer for whom such
services are
performed; or, if the individual is not a resident of
this
state but the
place from which the service is directed or
controlled is in this
state, the entire services of such
individual shall be deemed to
be employment subject to this
chapter, provided service is deemed
to be localized within this
state if the service is performed
entirely within this state or if
the service is performed both
within and without this state but
the service performed without
this state is incidental to the
individual's service within the
state, for example, is temporary
or transitory in nature or
consists of isolated transactions; (h) Service of an individual who is a citizen of the
United
States, performed outside the United States except in
Canada after
December 31, 1971, or the Virgin Islands, after
December 31, 1971,
and before the first day of January of the
year following that in
which the United States secretary of labor
approves the Virgin
Islands law for the first time, in the employ
of an American
employer, other than service which is "employment"
under divisions
(B)(2)(f) and (g) of this section or similar
provisions of another
state's law, if: (i) The employer's principal place of business in the
United
States is located in this state; (ii) The employer has no place of business in the United
States, but the employer is an individual who is a resident of
this state; or the employer is a corporation which is organized
under the laws of this state, or the employer is a partnership or
a trust and the number of partners or trustees who are residents
of this state is greater than the number who are residents of any
other state; or (iii) None of the criteria of divisions (B)(2)(f)(i) and
(ii) of this section is met but the employer has elected coverage
in this state or the employer having failed to elect coverage in
any state, the individual has filed a claim for benefits, based
on
such service, under this chapter. (i) For the purposes of division (B)(2)(h) of this
section,
the term "American employer" means an employer who is an
individual who is a resident of the United States; or a
partnership, if two-thirds or more of the partners are residents
of the United States; or a trust, if all of the trustees are
residents of the United States; or a corporation organized under
the laws of the United States or of any state, provided the term
"United States" includes the states, the District of Columbia,
the
Commonwealth of Puerto Rico, and the Virgin Islands. (j) Notwithstanding any other provisions of divisions
(B)(1)
and (2) of this section, service, except for domestic
service in a
private home not covered under division (A)(1)(c) of
this section,
with respect to which a tax is required to be paid
under any
federal law imposing a tax against which credit may be
taken for
contributions required to be paid into a state
unemployment fund,
or service, except for domestic service in a
private home not
covered under division (A)(1)(c) of this
section, which, as a
condition for full tax credit against the
tax imposed by the
"Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 to
3311, is required to be covered under this
chapter. (k) Construction services performed by any individual under
a
construction contract, as defined in section 4141.39 of the
Revised Code, if
the director determines that the employer for
whom
services are performed
has
the right to direct or control the
performance of the services and that the
individuals who perform
the services receive remuneration for the services
performed. The
director shall presume that the
employer for whom
services are
performed has the right to direct or control the performance of
the services if ten or more of the following criteria apply: (i) The employer directs or controls the
manner or method by
which instructions are given to the individual performing
services; (ii) The employer requires particular training for
the
individual performing services; (iii) Services performed by the individual are
integrated
into the regular functioning of the employer; (iv) The employer requires that services be provided
by a
particular individual; (v) The employer hires, supervises, or pays the
wages of the
individual performing services; (vi) A continuing relationship between the employer
and the
individual performing services exists which contemplates
continuing or
recurring work, even if not full-time work; (vii) The employer requires the individual to
perform
services during established hours; (viii) The employer requires that the individual
performing
services be devoted on a full-time basis to the business of the
employer; (ix) The employer requires the individual to perform
services on the employer's premises; (x) The employer requires the individual performing
services
to follow the order of work established by the employer; (xi) The employer requires the individual performing
services to make oral or
written reports of progress; (xii) The employer makes payment to the individual
for
services on a regular basis, such as hourly, weekly, or monthly; (xiii) The employer pays expenses for the individual
performing services; (xiv) The employer furnishes the tools and materials
for use
by the individual to perform services; (xv) The individual performing services has not
invested in
the facilities used to perform services; (xvi) The individual performing services does not
realize a
profit or suffer a loss as a result of the performance of the
services; (xvii) The individual performing services is not
performing
services for more than two employers simultaneously; (xviii) The individual performing services does not
make the
services available to the general public; (xix) The employer has a right to discharge the
individual
performing services; (xx) The individual performing services has the
right to end
the individual's relationship with the employer without incurring
liability pursuant to an employment contract or agreement. (3) "Employment" does not include the following services
if
they are found not subject to the "Federal Unemployment Tax
Act,"
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if
the services
are not required to be included under division (B)(2)(j) of this
section: (a) Service performed after December 31, 1977, in
agricultural labor, except as provided in division (A)(1)(d) of
this section; (b) Domestic service performed after December 31, 1977, in
a
private home, local college club, or local chapter of a college
fraternity or sorority except as provided in division (A)(1)(c)
of
this section; (c) Service performed after December 31, 1977, for this
state or a political subdivision as described in division
(B)(2)(a) of this
section when performed: (i) As a publicly elected official; (ii) As a member of a legislative body, or a member of the
judiciary; (iii) As a military member of the Ohio national guard; (iv) As an employee, not in the classified service as
defined in section 124.11 of the Revised Code, serving on a
temporary basis in case of fire, storm, snow, earthquake, flood,
or similar emergency; (v) In a position which, under or pursuant to law, is
designated as a major nontenured policymaking or advisory
position, not in the classified service of the state, or a
policymaking or advisory position the performance of the duties
of
which ordinarily does not require more than eight hours per
week. (d) In the employ of any governmental unit or
instrumentality of the United States; (e) Service performed after December 31, 1971: (i) Service in the employ of an educational institution or
institution of higher education, including those operated by the
state or a political subdivision, if such service is performed by
a student who is enrolled and is regularly attending classes at
the educational institution or institution of higher education;
or (ii) By an individual who is enrolled at a nonprofit or
public educational institution which normally maintains a regular
faculty and curriculum and normally has a regularly organized
body
of students in attendance at the place where its educational
activities are carried on as a student in a full-time program,
taken for credit at the institution, which combines academic
instruction with work experience, if the service is an integral
part of the program, and the institution has so certified to the
employer, provided that this subdivision shall not apply to
service performed in a program established for or on behalf of an
employer or group of employers; (f) Service performed by an individual in the employ of
the
individual's son, daughter, or spouse and service performed by a
child
under the age of eighteen in the employ of the child's
father or mother; (g) Service performed for one or more principals by an
individual who is compensated on a commission basis, who in the
performance of the work is master of the individual's own
time and
efforts,
and whose remuneration is wholly dependent on the amount
of
effort the individual chooses to expend, and which service is
not
subject to the "Federal Unemployment Tax Act," 53 Stat. 183
(1939), 26
U.S.C.A. 3301 to 3311. Service performed after
December 31,
1971: (i) By an individual for an employer as an insurance agent
or as an insurance solicitor, if all this service is performed
for
remuneration solely by way of commission; (ii) As a home worker performing work, according to
specifications furnished by the employer for whom the services
are
performed, on materials or goods furnished by such employer
which
are required to be returned to the employer or to a person
designated for that purpose. (h) Service performed after December 31, 1971: (i) In the employ of a church or convention or association
of churches, or in an organization which is operated primarily
for
religious purposes and which is operated, supervised,
controlled,
or principally supported by a church or convention or
association
of churches; (ii) By a duly ordained, commissioned, or licensed
minister
of a church in the exercise of the individual's
ministry or by a
member of a religious order in the exercise of duties required by
such order; or (iii) In a facility conducted for the purpose of carrying
out a program of rehabilitation for individuals whose earning
capacity is impaired by age or physical or mental deficiency or
injury, or providing remunerative work for individuals who
because
of their impaired physical or mental capacity cannot be
readily
absorbed in the competitive labor market, by an
individual
receiving such rehabilitation or remunerative work; (i) Service performed after June 30, 1939, with respect to
which unemployment compensation is payable under the "Railroad
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; (j) Service performed by an individual in the employ of
any
organization exempt from income tax under section 501 of the
"Internal Revenue Code of 1954," if the remuneration for such
service does not exceed fifty dollars in any calendar quarter, or
if such service is in connection with the collection of dues or
premiums for a fraternal beneficial society, order, or
association
and is performed away from the home office or is
ritualistic
service in connection with any such society, order,
or
association; (k) Casual labor not in the course of an employer's trade
or
business; incidental service performed by an officer,
appraiser,
or member of a finance committee of a bank, building
and loan
association, savings and loan association, or savings
association
when the remuneration for such incidental service
exclusive of the
amount paid or allotted for directors' fees does
not exceed sixty
dollars per calendar quarter is casual labor; (l) Service performed in the employ of a voluntary
employees' beneficial association providing for the payment of
life, sickness, accident, or other benefits to the members of
such
association or their dependents or their designated
beneficiaries,
if admission to a membership in such association
is limited to
individuals who are officers or employees of a
municipal or public
corporation, of a political subdivision of
the state, or of the
United States and no part of the net
earnings of such association
inures, other than through such
payments, to the benefit of any
private shareholder or
individual; (m) Service performed by an individual in the employ of a
foreign government, including service as a consular or other
officer or employee or of a nondiplomatic representative; (n) Service performed in the employ of an instrumentality
wholly owned by a foreign government if the service is of a
character similar to that performed in foreign countries by
employees of the United States or of an instrumentality thereof
and if the director finds that the secretary of
state of the
United States has certified to the secretary of the treasury of
the United States that the foreign government, with respect to
whose instrumentality exemption is claimed, grants an equivalent
exemption with respect to similar service performed in the
foreign
country by employees of the United States and of
instrumentalities
thereof; (o) Service with respect to which unemployment
compensation
is payable under an unemployment compensation system
established
by an act of congress; (p) Service performed as a student nurse in the employ of
a
hospital or a nurses' training school by an individual who is
enrolled and is regularly attending classes in a nurses' training
school chartered or approved pursuant to state law, and service
performed as an intern in the employ of a hospital by an
individual who has completed a four years' course in a medical
school chartered or approved pursuant to state law; (q) Service performed by an individual under the age of
eighteen in the delivery or distribution of newspapers or
shopping
news, not including delivery or distribution to any
point for
subsequent delivery or distribution; (r) Service performed in the employ of the United States
or
an instrumentality of the United States immune under the
constitution of the United States from the contributions imposed
by this chapter, except that to the extent that congress permits
states to require any instrumentalities of the United States to
make payments into an unemployment fund under a state
unemployment
compensation act, this chapter shall be applicable
to such
instrumentalities and to services performed for such
instrumentalities in the same manner, to the same extent, and on
the same terms as to all other employers, individuals, and
services, provided that if this state is not certified for any
year by the proper agency of the United States under section 3304
of the "Internal Revenue Code of 1954," the payments required of
such instrumentalities with respect to such year shall be
refunded
by the director from the fund in the same
manner
and within the
same period as is provided in division (E) of
section 4141.09 of
the Revised Code with respect to contributions
erroneously
collected; (s) Service performed by an individual as a member of a
band
or orchestra, provided such service does not represent the
principal occupation of such individual, and which service is not
subject to or required to be covered for full tax credit against
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.
183 (1939), 26 U.S.C.A. 3301 to 3311. Service performed after
December
31, 1971, for a nonprofit organization, this state or its
instrumentalities, or a political subdivision or its
instrumentalities, as part of an unemployment work-relief or
work-training program assisted or financed in whole or in part by
any federal agency or an agency of a state or political
subdivision thereof, by an individual receiving the work-relief
or
work-training. (t) Service performed in the employ of a day camp whose
camping season does not exceed twelve weeks in any calendar year,
and which service is not subject to the "Federal Unemployment Tax
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service
performed
after December 31, 1971: (i) In the employ of a hospital, if the service is
performed
by a patient of the hospital, as defined in division
(W) of this
section; (ii) For a prison or other correctional institution by an
inmate of the prison or correctional institution; (iii) Service performed after December 31, 1977, by an
inmate of a custodial institution operated by the state, a
political subdivision, or a nonprofit organization. (u) Service that is performed by a nonresident
alien
individual for the period the individual temporarily is present in
the
United States as a nonimmigrant under division
(F), (J), (M),
or (Q) of section
101(a)(15) of the "Immigration and Nationality
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is
excluded
under section 3306(c)(19) of the "Federal
Unemployment Tax Act,"
53 Stat. 183
(1939), 26 U.S.C.A. 3301 to 3311. (v) Notwithstanding any other provisions of division
(B)(3)
of this section, services that are excluded under
divisions
(B)(3)(g), (j), (k), and (l) of this section shall not
be excluded
from employment when performed for a nonprofit
organization, as
defined in division (X) of this section, or for
this state or its
instrumentalities, or for a political
subdivision or its
instrumentalities; (w) Service that is performed by an individual working as an
election official or election worker if the amount of remuneration
received by
the individual during
the calendar year for services
as an election official or election worker is
less than one
thousand
dollars; (x) Service performed for an elementary or secondary school
that
is operated primarily for religious purposes, that is
described in
subsection 501(c)(3) and exempt from federal income
taxation under subsection 501(a) of the Internal
Revenue Code,
26
U.S.C.A. 501; (y) Service performed by a person committed to a penal
institution. (4) If the services performed during one half or more of
any
pay period by an employee for the person employing that
employee
constitute employment, all the services of such employee
for such
period shall be deemed to be employment; but if the services
performed during more than one half of any such pay period by an
employee for the person employing that employee do not
constitute
employment, then none of the services of such employee for such
period shall be deemed to be employment. As used in division
(B)(4) of this section, "pay period" means a period, of not more
than thirty-one consecutive days, for which payment of
remuneration is ordinarily made to the employee by the person
employing that employee. Division (B)(4) of this section
does not
apply to services performed in a pay period by an employee for the
person
employing that employee, if any of such service is excepted
by division
(B)(3)(o) of this section. (C) "Benefits" means money payments payable to an
individual
who has established benefit rights, as provided in
this chapter,
for loss of remuneration due to the individual's unemployment. (D) "Benefit rights" means the weekly benefit amount and
the
maximum benefit amount that may become payable to an
individual
within the individual's benefit year as determined by the
director. (E) "Claim for benefits" means a claim for waiting period
or
benefits for a designated week. (F) "Additional claim" means the first claim for benefits
filed following any separation from employment during a benefit
year; "continued claim" means any claim other than the first
claim
for benefits and other than an additional claim. (G)(1) "Wages" means remuneration paid to an employee by
each of the employee's employers with respect to employment;
except that
wages shall not include that part of remuneration paid
during any
calendar year to an individual by an employer or such
employer's
predecessor in interest in the same business or
enterprise, which
in any calendar year is in excess of eight
thousand two hundred fifty dollars on and after January 1, 1992;
eight thousand five hundred dollars on and after January 1, 1993;
eight thousand seven hundred fifty dollars on and after January
1,
1994; and nine thousand dollars on and after January 1, 1995.
Remuneration in excess of such amounts shall be deemed wages
subject to contribution to the same extent that such remuneration
is defined as wages under the "Federal Unemployment
Tax Act," 84
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as
amended. The
remuneration paid an employee by an employer with respect to
employment in another state, upon which contributions were
required and paid by such employer under the unemployment
compensation act of such other state, shall be included as a part
of remuneration in computing the amount specified in this
division. (2) Notwithstanding division (G)(1) of this section, if,
as
of the computation date for any calendar year, the
director
determines that the level of the
unemployment
compensation fund is
sixty per cent or more below the minimum
safe level as defined in
section 4141.25 of the Revised Code,
then, effective the first day
of January of the following
calendar year, wages subject to this
chapter shall not include
that part of remuneration paid during
any calendar year to an
individual by an employer or such
employer's predecessor in
interest in the same business or
enterprise which is in excess of
nine thousand dollars. The
increase in the dollar amount of
wages subject to this chapter
under this division shall remain in
effect from the date of the
director's
determination
pursuant to division (G)(2) of this
section and thereafter
notwithstanding the fact that the level in
the fund may
subsequently become less than sixty per cent below
the minimum
safe level. (H)(1) "Remuneration" means all compensation for personal
services, including commissions and bonuses and the cash value of
all compensation in any medium other than cash, except that in
the
case of agricultural or domestic service, "remuneration"
includes
only cash remuneration. Gratuities customarily received
by an
individual in the course of the individual's employment from
persons
other than the individual's employer and which are
accounted for by such
individual to the individual's employer are
taxable wages. The reasonable cash value of compensation paid in any
medium
other than cash shall be estimated and determined in
accordance
with rules prescribed by the director,
provided
that
"remuneration" does not include: (a) Payments as provided in divisions (b)(2) to (b)(16) of
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,
26 U.S.C.A. 3301 to 3311, as amended; (b) The payment by an employer, without deduction from the
remuneration of the individual in the employer's employ, of the
tax imposed
upon an individual in the employer's employ under
section
3101 of the
"Internal Revenue Code of 1954," with respect
to services
performed after October 1, 1941. (2) "Cash remuneration" means all remuneration paid in
cash,
including commissions and bonuses, but not including the
cash
value of all compensation in any medium other than cash. (I) "Interested party" means the director and any
party to
whom notice of a determination of an application for
benefit
rights or a claim for benefits is required to be given
under
section 4141.28 of the Revised Code. (J) "Annual payroll" means the total amount of wages
subject
to contributions during a twelve-month period ending with
the last
day of the second calendar quarter of any calendar year. (K) "Average annual payroll" means the average of the last
three annual payrolls of an employer, provided that if, as of any
computation date, the employer has had less than three annual
payrolls in such three-year period, such average shall be based
on
the annual payrolls which the employer has had as of such date. (L)(1) "Contributions" means the money payments to the
state
unemployment compensation fund required of employers by
section
4141.25 of the Revised Code and of the state and any of
its
political subdivisions electing to pay contributions under
section
4141.242 of the Revised Code. Employers paying
contributions
shall be described as "contributory employers." (2) "Payments in lieu of contributions" means the money
payments to the state unemployment compensation fund required of
reimbursing employers under sections 4141.241 and 4141.242 of the
Revised Code. (M) An individual is "totally unemployed" in any week
during
which the individual performs no services and with respect to
such
week no remuneration is payable to the individual. (N) An individual is "partially unemployed" in any week
if,
due to involuntary loss of work, the total remuneration
payable to
the individual for such week is less than the
individual's weekly
benefit amount. (O) "Week" means the calendar week ending at midnight
Saturday unless an equivalent week of seven consecutive calendar
days is prescribed by the director. (1) "Qualifying week" means any calendar week in an
individual's base period with respect to which the individual
earns or is
paid remuneration in employment subject to this
chapter. A
calendar week with respect to which an individual
earns
remuneration but for which payment was not made within the
base
period, when necessary to qualify for benefit rights, may be
considered to be a qualifying week. The number of qualifying
weeks which may be established in a calendar quarter shall not
exceed the number of calendar weeks in the quarter. (2) "Average weekly wage" means the amount obtained by
dividing an individual's total remuneration for all qualifying
weeks during the base period by the number of such qualifying
weeks, provided that if the computation results in an amount
that
is not a multiple of one dollar, such amount shall be
rounded to
the next lower multiple of one dollar. (P) "Weekly benefit amount" means the amount of benefits
an
individual would be entitled to receive for one week of total
unemployment. (Q)(1) "Base period" means the first four of the last five
completed calendar quarters immediately preceding the first day
of
an individual's benefit year, except as provided in division
(Q)(2) of this section. (2) If an individual does not have sufficient qualifying
weeks and wages in the base period to qualify for benefit rights,
the individual's base period shall be the four most recently
completed
calendar quarters preceding the first day of the
individual's
benefit year. Such base period shall be known as the
"alternate
base period." If information as to weeks and wages for
the most
recent quarter of the alternate base period is not
available to
the director from the regular quarterly reports of
wage
information, which are systematically accessible, the
director may, consistent with the provisions of
section
4141.28 of
the Revised Code, base the determination of
eligibility for
benefits on the affidavit of the claimant with
respect to weeks
and wages for that calendar quarter. The
claimant shall furnish
payroll documentation, where available, in
support of the
affidavit. The determination based upon the
alternate base period
as it relates to the claimant's benefit
rights, shall be amended
when the quarterly report of wage
information from the employer is
timely received and that
information causes a change in the
determination. As provided in
division (B)(1)(b) of
section
4141.28 of the Revised
Code, any
benefits paid
and charged to an
employer's account, based upon a
claimant's
affidavit, shall be
adjusted effective as of the
beginning of the
claimant's benefit
year. No calendar quarter in
a base period or
alternate base
period shall be used to establish
a subsequent
benefit year. (3) The "base period" of a combined wage claim, as
described
in division (H) of section 4141.43 of the Revised Code,
shall be
the base period prescribed by the law of the state in
which the
claim is allowed. (4) For purposes of determining the weeks that comprise a
completed calendar quarter under this division, only those weeks
ending at midnight Saturday within the calendar quarter shall be
utilized. (R)(1) "Benefit year" with respect to an individual means
the
fifty-two week period beginning with the first day of that
week
with respect to which the individual first files a valid
application for
determination of benefit rights, and thereafter
the fifty-two
week period beginning with the first day of that
week with
respect to which the individual next files a valid
application
for determination of benefit rights after the
termination of
the individual's last preceding benefit year,
except that the
application shall
not be considered valid unless
the individual has had employment
in six weeks that is subject to
this chapter or the unemployment
compensation act of another
state, or the United States, and has,
since the beginning of the
individual's previous benefit year, in
the employment earned three
times the average weekly wage
determined for the previous benefit
year. The "benefit year" of
a combined wage claim, as described
in division (H) of section
4141.43 of the Revised Code, shall be
the benefit year prescribed
by the law of the state in which the
claim is allowed. Any
application for determination of
benefit
rights made in
accordance with section 4141.28 of the Revised Code
is valid if
the individual filing such application is unemployed,
has been
employed by an employer or employers subject to this
chapter in
at least twenty qualifying weeks within the
individual's base period, and has earned
or been paid remuneration
at an average
weekly wage
of not less than twenty-seven and
one-half per cent of the statewide average
weekly wage for such
weeks.
For purposes of determining whether an individual has had
sufficient
employment since the beginning of the individual's
previous benefit year to
file a valid application, "employment"
means the performance of services for which remuneration is
payable. (2) Effective for
applications filed on
and
after March 3,
2002
benefit years beginning on and after December 28, 2003, any
application for determination of benefit
rights made in
accordance
with section 4141.28 of the Revised Code is valid if
the
individual
satisfies the criteria described in division (R)(1)
of
this
section, and if the reason for the individual's
separation
from employment is not disqualifying pursuant to
division (D)(2)
of section
4141.29 or section 4141.291 of the
Revised
Code. A
disqualification
imposed pursuant to division
(D)(2) of section
4141.29 or
section 4141.291 of the Revised
Code must be removed as
provided in those sections as a requirement of establishing a
valid application for benefit
rights filed on and after March
3,
2002
years beginning on and after December 28, 2003.
(3) The statewide average weekly wage shall be calculated by
the
director once a year based on the twelve-month
period ending
the
thirtieth day of June, as set forth in division
(B)(3) of
section 4141.30 of the Revised Code, rounded down to
the nearest
dollar. Increases or decreases in the amount of remuneration
required to have been earned or paid in order for individuals to
have filed
valid applications shall become effective on Sunday of
the calendar week in
which the first day of January occurs that
follows the twelve-month period
ending the thirtieth day of June
upon which the calculation of the statewide
average weekly wage
was based. (4) As used in this division, an individual is "unemployed"
if, with
respect to
the
calendar week in which such application is
filed, the
individual is
"partially unemployed" or "totally
unemployed" as defined in this
section or if, prior to filing the
application, the
individual was separated
from the individual's
most recent work for any reason which
terminated the individual's
employee-employer relationship,
or was laid off indefinitely or
for a definite period of seven or more days. (S) "Calendar quarter" means the period of three
consecutive
calendar months ending on the thirty-first day of
March, the
thirtieth day of June, the thirtieth day of September,
and the
thirty-first day of December, or the equivalent thereof
as the
director prescribes by rule. (T) "Computation date" means the first day of the third
calendar quarter of any calendar year. (U) "Contribution period" means the calendar year
beginning
on the first day of January of any year. (V) "Agricultural labor," for the purpose of this
division,
means any service performed prior to January 1, 1972,
which was
agricultural labor as defined in this division prior to
that date,
and service performed after December 31, 1971: (1) On a farm, in the employ of any person, in connection
with cultivating the soil, or in connection with raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and fur-bearing animals
and wildlife; (2) In the employ of the owner or tenant or other operator
of a farm in connection with the operation, management,
conservation, improvement, or maintenance of such farm and its
tools and equipment, or in salvaging timber or clearing land of
brush and other debris left by hurricane, if the major part of
such service is performed on a farm; (3) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in section 15 (g)
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12
U.S.C. 1141j, as amended, or in connection with the ginning of
cotton, or in connection with the operation or maintenance of
ditches, canals, reservoirs, or waterways, not owned or operated
for profit, used exclusively for supplying and storing water for
farming purposes; (4) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing, or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured
state,
any agricultural or horticultural commodity, but only if
the
operator produced more than one half of the commodity with
respect
to which such service is performed; (5) In the employ of a group of operators of farms, or a
cooperative organization of which the operators are members, in
the performance of service described in division (V)(4) of this
section, but only if the operators produced more than one-half of
the commodity with respect to which the service is performed; (6) Divisions (V)(4) and (5) of this section shall not be
deemed to be applicable with respect to service performed: (a) In connection with commercial canning or commercial
freezing or in connection with any agricultural or horticultural
commodity after its delivery to a terminal market for
distribution
for consumption; or (b) On a farm operated for profit if the service is not in
the course of the employer's trade or business. As used in division (V) of this section, "farm" includes
stock, dairy, poultry, fruit, fur-bearing animal, and truck
farms,
plantations, ranches, nurseries, ranges, greenhouses, or
other
similar structures used primarily for the raising of
agricultural
or horticultural commodities and orchards. (W) "Hospital" means an institution which has been
registered or licensed by the Ohio department of health as a
hospital. (X) "Nonprofit organization" means an organization, or
group
of organizations, described in section 501(c)(3) of the
"Internal
Revenue Code of 1954," and exempt from income
tax under
section
501(a) of that code. (Y) "Institution of higher education" means a public or
nonprofit educational institution which: (1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent; (2) Is legally authorized in this state to provide a
program
of education beyond high school; and (3) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation. For the purposes of this division, all colleges and
universities in this state are institutions of higher education. (Z) For the purposes of this chapter, "states" includes
the
District of Columbia, the Commonwealth of Puerto Rico, and
the
Virgin Islands. (AA) "Alien" means, for the purposes of division (A)(1)(d)
of this section, an individual who is an alien admitted to the
United States to perform service in agricultural labor pursuant
to
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. (BB)(1) "Crew leader" means an individual who furnishes
individuals to perform agricultural labor for any other employer
or farm operator, and: (a) Pays, either on the individual's own behalf or
on
behalf
of the
other employer or farm operator, the individuals so
furnished by
the individual for the service in agricultural labor
performed by them; (b) Has not entered into a written agreement with the
other
employer or farm operator under which the agricultural
worker is
designated as in the employ of the other employer or
farm
operator. (2) For the purposes of this chapter, any individual who
is
a member of a crew furnished by a crew leader to perform
service
in agricultural labor for any other employer or farm
operator
shall be treated as an employee of the crew leader if: (a) The crew leader holds a valid certificate of
registration under the "Farm Labor Contractor Registration Act of
1963," 90 Stat. 2668, 7 U.S.C. 2041; or (b) Substantially all the members of the crew operate or
maintain tractors, mechanized harvesting or crop-dusting
equipment, or any other mechanized equipment, which is provided
by
the crew leader; and (c) If the individual is not in the employment of the
other
employer or farm operator within the meaning of division
(B)(1) of
this section. (3) For the purposes of this division, any individual who
is
furnished by a crew leader to perform service in agricultural
labor for any other employer or farm operator and who is not
treated as in the employment of the crew leader under division
(BB)(2) of this section shall be treated as the employee of the
other employer or farm operator and not of the crew leader. The
other employer or farm operator shall be treated as having paid
cash remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the crew
leader, either on the crew leader's own behalf or on behalf of the
other
employer or farm operator, for the service in agricultural
labor
performed for the other employer or farm operator. (CC) "Educational institution" means an institution other
than an institution of higher education as defined in division
(Y)
of this section which: (1) Offers participants, trainees, or students an
organized
course of study or training designed to transfer to
them
knowledge, skills, information, doctrines, attitudes, or
abilities
from, by, or under the guidance of an instructor or
teacher; and (2) Is approved, chartered, or issued a permit to operate
as
a school by the state board of education or other government
agency that is authorized within the state to approve, charter,
or
issue a permit for the operation of a school. For the purposes of this division, the courses of study or
training which the institution offers may be academic, technical,
trade, or preparation for gainful employment in a recognized
occupation.
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 director of 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 this chapter.
The rules adopted by the
commission
shall be effective to the
extent that
the rules are consistent with 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 department of
job and family
services wherever
possible. The commission shall have access to only the records of the
department of 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 director necessary information from
any work unit
of the department having that information. The commission shall prepare and submit to the
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
director shall
approve the commission's request unless funds are insufficient to
finance the request. The 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 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
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
director of the
determination
by the director of budget and management.
Sec. 4141.162. (A) The director of 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 director
shall
be furnished to the income and eligibility verification system.
Such information shall be used by the 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 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 director shall adopt rules as necessary
under
which
the department of
job and family
services and other state agencies
that the
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
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 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
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
section
4141.21 and division (A) of section
4141.282
4141.284 of the Revised
Code, the 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. 4141.20. (A) Every employer, including those not
otherwise subject to this chapter, shall furnish the
director of
job and family services upon request all information required by
the
director to carry out
the requirements of
this chapter. Every
employer receiving from the
director
any blank with direction to
fill it out shall cause it to be
properly filled out, in the
manner prescribed by the
director, so as to answer fully and
correctly all
questions
therein propounded, and shall furnish all
the information therein
sought, or, if unable to do so, that
employer shall give
the
director in writing good and sufficient
reason for
such
failure. The director may require that such information be
verified
under oath and returned to the director
within the
period fixed by
the director or by law. The
director or any person
employed by
the director for that purpose may
examine
under oath any such
employer, or the officer, agent, or employee of
that employer, for
the purpose of ascertaining any
information that the employer is
required by this
chapter to furnish to the
director. Any employer
who fails to furnish
information as
is required by the director
under authority of
this section
shall forfeit five hundred dollars
to be collected in a civil
action brought against the employer in
the name of the state. (B) Effective with the calendar quarter beginning April 1,
1987, every contributory employer shall file a quarterly
contribution report and a quarterly report of wages. The
quarterly reports shall be filed no later than the last day of
the
first month following the close of the calendar quarter for
which
the quarterly reports are being filed. The employer shall
enter
on the quarterly contribution report the total and taxable
remuneration paid to all employees during the quarter. The
employer shall enter on the quarterly report of wages the name
and
social security number of each individual employed during the
calendar quarter, the total remuneration paid the individual, the
number of weeks during the quarter for which the individual was
paid remuneration, and any other information as required by
section 1137 of the "Social Security Act."
The
director
shall
furnish the form or forms on which the quarterly reports
are to be
submitted or the employer may use other methods of
reporting,
including electronic information transmission
methods, as approved
by the director. Effective until the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly contribution
report
or the report of wages containing all the required
contribution
and wage information within the time prescribed by
this section,
there shall be assessed a forfeiture amounting to
ten per cent of
the contributions due; provided such forfeiture
shall not be less
than twenty-five nor more than two hundred
fifty dollars. The
director may waive the
forfeiture only
with respect to the report
of wages, and the waiver may be
approved only if the employer
shows good cause for failure to
file the required information. Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly contribution
report
containing all the required information within the time
prescribed
by this section, there shall be assessed a forfeiture
amounting to
twenty-five one-hundredths of one per cent of the
total
remuneration paid by the employer, provided such forfeiture
shall
not be less than thirty nor more than five hundred dollars
per
quarterly contribution report. The director
may waive
the
forfeiture only if the employer provides to the
director
a written
statement showing good cause for failure to file the
required
quarterly contribution report. Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly report of wages
containing all the required information within the time
prescribed
by this section, there shall be assessed a forfeiture
amounting to
twenty-five one-hundredths of one per cent of the
total
remuneration paid by the employer, provided such forfeiture
shall
be not less than thirty nor more than five hundred dollars
per
quarterly report of wages. The director may
waive the
forfeiture
only if the employer provides to the
director a written statement
showing good cause for failure to file the
required quarterly
report of wages. (C) Effective with the calendar quarter beginning April 1,
1987, every employer liable for payments in lieu of contributions
shall file a quarterly payroll report and a quarterly report of
wages. The employer shall file the quarterly reports no later
than the last day of the first month following the close of the
calendar quarter for which the quarterly reports are being filed.
The employer shall enter on the quarterly payroll report the
total
remuneration paid to all employees during the quarter and
the
total wages that would have been taxable had the employer
been
subject to contributions. The employer shall enter on the
quarterly report of wages the name and social security number of
each individual employed during the calendar quarter, the total
remuneration paid the individual, the number of weeks during the
quarter for which the individual was paid remuneration, and any
other information as required by section 1137 of the "Social
Security Act."
The director shall furnish the
form or forms
on
which the quarterly reports are to be submitted or the
employer
may use other methods of reporting, including electronic
information transmission methods, as approved by the
administrator. Effective until the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly payroll report or
the report of wages containing all of the required payroll or
wage
information within the time prescribed by this section, the
employer shall be assessed a forfeiture of twenty-five dollars
per
report. The director may waive the forfeiture
only with
respect
to the report of wages, and such waiver may be approved
only if
the employer shows good cause for failure to file the
required
information. Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly payroll report
containing all the required wage information within the time
prescribed by this section, the employer shall be assessed a
forfeiture amounting to twenty-five one-hundredths of one per
cent
of the total remuneration paid by the employer, provided
such
forfeiture shall not be less than thirty nor more than five
hundred dollars per quarterly payroll report. The
director
may
waive the forfeiture only if the employer provides to the
director
a written statement showing good cause
for failure
to file the
required quarterly payroll report. Effective with the calendar quarter beginning January 1,
1993, in case of failure to file the quarterly report of wages
containing all the required information within the time
prescribed
by this section, there shall be assessed a forfeiture
amounting to
twenty-five one-hundredths of one per cent of the
total
remuneration paid by the employer, provided such forfeiture
shall
be not less than thirty nor more than five hundred dollars
per
quarterly report of wages. The director may
waive the
forfeiture
only if the employer provides to the
director a
written statement
showing good cause for failure to file the
required quarterly
report of wages. (D)
Effective with the calendar quarter beginning January 1,
2002,
every contributory employer shall file a quarterly
contribution and wage
report. The quarterly report shall be filed
not later than the
last day of the first month following the close
of the calendar
quarter for which the quarterly report is being
filed. The
employer shall enter on the quarterly report the total
and taxable
remuneration paid to all employees during the quarter,
the name
and social security number of each individual employed
during the
calendar quarter, the total remuneration paid the
individual, the
number of weeks during the quarter for which the
individual was
paid remuneration, and any other information as
required by
section 1137 of the "Social Security Act." Effective with the calendar quarter beginning January 1,
2002, in
case of failure to properly file the quarterly
contribution and
wage report containing all the required
contribution and wage
information within the time prescribed by
this section, the
director shall assess a forfeiture
amounting to
twenty-five one-hundredths of one per cent of the total
remuneration reported by
the employer, provided such forfeiture
shall not be less than
fifty nor more than one thousand dollars. (E) Effective with the calendar quarter beginning January
1,
2002,
every employer liable for payments in lieu of contributions
shall
file a quarterly payroll and wage report. The quarterly
report
shall be filed not later than the last day of the first
month
following the close of the calendar quarter for which the
quarterly report is being filed. The employer shall enter on the
quarterly report the total remuneration paid to all employees
during the quarter, the total wages that would have been taxable
had the employer been subject to contributions, the name and
social security number of each individual employed during the
calendar quarter, the total remuneration paid the individual, the
number of weeks during the quarter for which the individual was
paid remuneration, and any other information as required by
section 1137 of the "Social Security Act." Effective with the calendar quarter beginning January 1,
2002, in
case of failure to properly file the quarterly payroll
and wage report
containing all the required payroll and wage
information
within the time prescribed by this section, the
director shall
assess a forfeiture amounting to twenty-five
one-hundredths of one
per cent of the total remuneration reported
by the employer,
provided such forfeiture shall not be less than
fifty nor more
than one thousand dollars. (F) The director may waive a forfeiture assessed under
division
(D) or (E) of this section if the employer
provides to
the director, within four years after the date the forfeiture was
assessed, a written statement showing
good cause for failure to
properly file the required information. (G) The director shall furnish the form or forms on which
quarterly reports required under this section are to be submitted,
or the employer may use other methods of reporting, including
electronic information transmission methods, as approved by the
director. (H) All forfeitures required by this section shall be paid
into the unemployment compensation special administrative fund as
provided in section 4141.11 of the Revised Code.
Sec. 4141.24. (A)(1) The director of job and family
services
shall
maintain a separate account for each
employer and,
except as otherwise provided in division (B)
of section 4141.25 of
the Revised Code respecting mutualized
contributions, shall credit
such employer's account with all the
contributions, or payments in
lieu of contributions, which the
employer has paid on the
employer's own behalf. (2) If, as of the computation date, a contributory
employer's account shows a negative balance computed as provided
in division (A)(3) of section 4141.25 of the Revised Code,
less
any contributions due and unpaid on such date, which negative
balance is in excess of the limitations imposed by divisions
(A)(2)(a), (b), and (c) of this section and if the employer's
account is otherwise eligible for the transfer, then before the
employer's contribution rate is computed for the next succeeding
contribution period, an amount equal to the amount of the excess
eligible for transfer shall be permanently transferred from the
account of such employer and charged to the mutualized account
provided in division (B) of section 4141.25 of the Revised
Code. (a) If as of any computation date, a contributory
employer's
account shows a negative balance in excess of ten per
cent of the
employer's average annual payroll, then before the
employer's
contribution rate is computed for the next succeeding
contribution
period, an amount equal to the amount of the excess
shall be
transferred from the account as provided in this
division. No
contributory employer's account may have any excess
transferred
pursuant to division (A)(2)(a) of this section,
unless the
employer's account has shown a positive balance
for at least two
consecutive computation dates prior to the computation date
with
respect to which the transfer is proposed. Each time a transfer
is made pursuant to division (A)(2)(a) of this section, the
employer's account is ineligible for any additional transfers
under that division, until the account shows a positive balance
for at least two consecutive computation dates subsequent to the
computation date of which the most recent transfer occurs
pursuant
to division (A)(2)(a), (b), or (c) of this section. (b) If at the next computation date after the computation
date at which a transfer from the account occurs pursuant to
division (A)(2)(a) of this section, a contributory employer's
account shows a negative balance in excess of fifteen per cent of
the employer's average annual payroll, then before the
employer's
contribution rate is computed for the next succeeding
contribution
period an amount equal to the amount of the excess
shall be
permanently transferred from the account as provided in
this
division. (c) If at the next computation date subsequent to the
computation date at which a transfer from a contributory
employer's account occurs pursuant to division (A)(2)(b) of this
section, the employer's account shows a negative balance in
excess
of twenty per cent of the employer's average annual
payroll, then
before the employer's contribution rate is
computed for the next
succeeding contribution period, an amount equal to the
amount of
the excess shall be permanently transferred from the
account as
provided in this division. (d) If no transfer occurs pursuant to division (A)(2)(b)
or
(c) of this section, the employer's account is ineligible for
any
additional transfers under division (A)(2) until the account
requalifies for a transfer pursuant to division (A)(2)(a) of this
section. (B) Any employer may make voluntary payments in addition
to
the contributions required under this chapter, in accordance
with
rules established by the director. Such
payments shall
be
included in the employer's account as of the computation date,
provided they are received by the
director
by the thirty-first day
of December following such computation
date. Such voluntary
payment, when accepted from an employer,
will not be refunded in
whole or in part. In determining whether
an employer's account
has a positive balance on two consecutive
computation dates and is
eligible for transfers under division
(A)(2) of this section, the
director shall exclude
any
voluntary payments made subsequent to
the last transfer made
under division (A)(2) of this section. (C) All contributions to the fund shall be pooled and
available to pay benefits to any individual entitled to benefits
irrespective of the source of such contributions. (D)(1) For the purposes of this section and sections
4141.241 and 4141.242 of the Revised Code, an employer's account
shall be charged only for benefits based on remuneration paid by
such employer. Benefits paid to an eligible individual shall be
charged against the account of each employer within the
claimant's
base period in the proportion to which wages
attributable to each
employer of the claimant bears to the
claimant's total base period
wages. Charges to the account of a
base period employer with whom
the claimant is employed part-time
at the time the claimant's
application for a determination
of benefits rights is filed shall
be charged to the mutualized account when
all of the following
conditions are met: (a) The claimant also worked part-time for the employer
during the base period of the claim. (b) The claimant is unemployed due to loss of other
employment. (c) The employer is not a reimbursing employer
under section
4141.241 or 4141.242 of the Revised Code. (2) Notwithstanding division (D)(1) of this section, charges
to
the account of any employer, including any reimbursing
employer, shall be
charged to the mutualized account if it finally
is determined by a court on
appeal that the employer's account is
not chargeable for the benefits. (3) Any benefits paid to a claimant under section 4141.28 of
the
Revised Code
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)(1)
of this section, provided that if
there is
no final determination of the claim by the subsequent
thirtieth
day of June, the employer's account shall be credited
with the
total amount of benefits that has been paid prior to that
date,
based on the determination that 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 this section,
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 section, 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)(1) of this section 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 that 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 director as provided in
section
4141.35 of the Revised Code, they shall be credited
to
the
employer's account. (4) The director shall notify each employer at
least
once
each month of the benefits charged to the employer's
account since
the
last preceding notice; except that for the purposes of
sections
4141.241 and 4141.242 of the Revised Code which provides
the
billing of employers on a payment in lieu of a contribution
basis, the director may prescribe a quarterly or
less
frequent
notice of benefits charged to the employer's account.
Such notice
will show a summary of the amount of benefits paid
which were
charged to the employer's account. This notice shall
not be
deemed a determination of the claimant's eligibility for
benefits.
Any employer so notified, however, may file
within fifteen days
after the mailing date of the notice, an
exception to
charges
appearing on the notice on the grounds that such charges
are not
in accordance with this section. The
director shall
promptly
examine the exception to such charges and shall notify
the
employer of the director's decision thereon,
which
decision shall
become final unless appealed to the
unemployment compensation
review commission in the
manner provided in section 4141.26 of the
Revised Code. For the
purposes of this division, an exception is
considered timely
filed when it has been received as provided in
division
(I)(2)
(D)(1) of
section
4141.28
4141.281 of the
Revised
Code. (E) The director shall terminate and close the
account of
any contributory employer who has been subject to this
chapter if
the enterprise for which the account was established
is no longer
in operation and it has had no payroll and its
account has not
been chargeable with benefits for a period of
five consecutive
years. The amount of any positive balance,
computed as provided
in division (A)(3) of section 4141.25
of the Revised Code, in an
account closed and terminated as provided in
this section shall be
credited to the mutualized account as
provided in division
(B)(2)(b) of section 4141.25 of the
Revised Code. The amount of
any negative balance, computed as provided
in division (A)(3) of
section 4141.25 of the Revised Code,
in an account closed and
terminated as provided in this section shall
be charged to the
mutualized account as provided in division
(B)(1)(b) of section
4141.25 of the Revised Code. The
amount of
any positive balance
or negative balance, credited or charged to
the mutualized account
after the termination and closing of an
employer's account, shall
not thereafter be considered in
determining the contribution rate
of such employer. The closing
of an employer's account as
provided in this division shall not
relieve such employer from
liability for any unpaid contributions
or payment in lieu of
contributions which are due for periods
prior to such closing. If the director finds that a contributory
employer's
business
is closed solely because of the entrance of one or more
of the
owners, officers, or partners, or the majority
stockholder, into
the armed forces of the United States, or any
of its allies, or of
the United Nations after July 1, 1950, such
employer's account
shall not be terminated and if the business is
resumed within two
years after the discharge or release of such
persons from active
duty in the armed forces, the employer's
experience shall be
deemed to have been continuous throughout
such period. The
reserve ratio of any such employer shall be the
total
contributions paid by such employer minus all benefits,
including
benefits paid to any individual during the period such
employer
was in the armed forces, based upon wages paid by the
employer
prior to the employer's entrance into the armed
forces divided by
the
average of the employer's annual payrolls for the three most
recent years
during the whole of which the employer has been in
business. (F) If an employer transfers the employer's business or
otherwise reorganizes such business, the successor in interest
shall assume
the resources and liabilities of such employer's
account, and
continue the payment of all contributions, or
payments in lieu of
contributions, due under this chapter. If an
employer acquires
substantially all of the assets in a trade or
business of another
employer, or a clearly segregable and
identifiable portion of an
employer's enterprise, and immediately
after the acquisition
employs in the employer's trade or business
substantially
the same
individuals who immediately prior to the
acquisition were
employed in the trade or business or in the
separate unit of such
trade or business of such predecessor
employer, then, upon
application to the director signed by the
predecessor
employer and the acquiring employer, the employer
acquiring such
enterprise is the successor in interest. In the
case of a
transfer of a portion of an employer's enterprise, only
that part
of the experience with unemployment compensation and
payrolls
that is directly attributable to the segregated and
identifiable
part shall be transferred and used in computing the
contribution
rate of the successor employer on the next
computation date. The
director by rule may prescribe procedures
for
effecting
transfers of experience as provided for in this
section. (G) For the purposes of this section, two or more
employers
who are parties to or the subject of a merger,
consolidation, or
other form of reorganization effecting a change
in legal identity
or form are deemed to be a single employer if
the director finds
that immediately after such
change the
employing enterprises of
the predecessor employers are continued
solely through a single
employer as successor thereto, and
immediately after such change
such successor is owned or
controlled by substantially the same
interests as the predecessor
employers, and the successor has
assumed liability for all
contributions required of the
predecessor employers, and the
consideration of such two or more
employers as a single employer
for the purposes of this section
would not be inequitable. (H) No rate of contribution less than two and
seven-tenths
per cent shall
be permitted a contributory employer succeeding to
the experience
of another contributory employer pursuant to this
section for any
period subsequent to such succession, except in
accordance with
rules prescribed by the director, which rules
shall be
consistent with federal requirements for additional
credit
allowance in section 3303 of the "Internal Revenue Code of
1954"
and consistent with this chapter, except that such rules may
establish a computation date for any such period different from
the computation date generally prescribed by this chapter, and
may
define "calendar year" as meaning a twelve-consecutive-month
period ending on the same day of the year as that on which such
computation date occurs. (I) The director may prescribe rules for the
establishment,
maintenance, and dissolution of common
contribution rates for two
or more contributory employers, and in
accordance with such rules
and upon application by two or more
employers shall establish such
common rate to be computed by
merging the several contribution
rate factors of such employers
for the purpose of establishing a
common contribution rate
applicable to all such employers.
Sec. 4141.26. (A) As soon as practicable after the first
day of September but not later than the first day of December of
each year, the director of job and family services shall notify
each employer of
the employer's contribution
rate as determined
for the next ensuing contribution period pursuant to
section
4141.25 of the Revised Code provided the employer has furnished
the director, by the first day of
September
following the
computation date, with the wage information for all
past periods
necessary for the computation of the contribution
rate. (B)(1) In the case of contribution rates applicable to
contribution periods beginning on or before December 31, 1992, if
the employer has not furnished the necessary wage information,
the
employer's contribution rate for such contribution
period shall be
the
maximum rate provided in such section, except that, if the
employer files the necessary wage information by the end of the
thirtieth day following the issuance of the maximum rate notice,
the employer's rate then shall be computed as provided in section
4141.25 of the Revised Code. (2) In the case of contribution rates applicable to
contribution periods beginning on or after January 1, 1993, and
before January 1, 1995, if the employer has not furnished the
necessary wage information, the employer's contribution rate
for
such contribution period shall not be computed as provided in
section
4141.25 of the Revised Code, but instead shall be assigned
at the
maximum rate provided in that section, with the following
exceptions: (a) If the employer files the necessary wage information
by
December thirty-first of the year immediately preceding the
contribution period for which the rate is to be effective, the
employer's rate then shall be computed as provided in division
(A)
of section 4141.25 of the Revised Code. (b) The director may waive the maximum
contribution
rate
assigned pursuant to division (B)(2) of this section if the
employer meets all of the following conditions within thirty days
after the director mails the notice of the maximum
contribution
rate assigned pursuant to division (B)(2) of this
section: (i) Provides to the director a written request
for
waiver of
the maximum contribution rate, clearly demonstrating
that failure
to timely furnish the wage information as required
by division (A)
of this section was a result of circumstances
beyond the control
of the employer or the employer's agent,
except that negligence on
the part of the employer shall not be considered
beyond the
control of the employer or the employer's agent; (ii) Furnishes to the director all of the wage
information
as required by division (A) of this section and all
quarterly
reports due pursuant to section 4141.20 of the Revised
Code; (iii) Pays in full all contributions, payments in lieu of
contributions, interest, forfeiture, and fines for each quarter
for which such payments are due. (3) In the case of contribution rates applicable to
contribution periods beginning on or after January 1, 1995, if
the
employer has not timely furnished the necessary wage information
as
required by division (A) of this section, the employer's
contribution rate for
such contribution period shall not be
computed as provided in section 4141.25
of the Revised Code, but
instead shall be assigned a contribution rate equal
to one hundred
twenty-five per cent of the maximum rate provided in that
section,
with the following exceptions: (a) If the employer files the necessary wage information
by
the thirty-first day of December of the year immediately
preceding
the contribution period for which the rate is to be
effective, the
employer's rate shall be computed as provided in
division (A) of
section 4141.25 of the Revised Code; (b) The director may waive the contribution rate
assigned
pursuant to division (B)(3) of this section if the
employer meets
all of the following conditions within thirty days
after the
director mails to the employer the
notice of the
contribution rate
assigned pursuant to division (B)(3) of this
section: (i) Provides to the director a written request
for
waiver of
the contribution rate, clearly demonstrating that the
failure to
timely furnish the wage information as required by
division (A) of
this section was a result of circumstances beyond
the control of
the employer or the employer's agent, except
that negligence on
the part of the employer shall not be considered to be
beyond the
control of the employer or the employer's agent; (ii) Furnishes to the director all of the wage
information
as required by division (A) of this section and all
quarterly
reports due pursuant to section 4141.20 of the Revised
Code; (iii) Pays in full all contributions, payments in lieu of
contributions, interest, forfeiture, and fines for each quarter
for which such payments are due. (c) The director shall revise the contribution
rate
of an
employer who has not timely furnished the necessary wage
information as required by division (A) of this section, who has
been assigned a contribution rate pursuant to division (B)(3) of
this section, and who does not meet the requirements of division
(B)(3)(a) or (b) of this section, if the employer furnishes the
necessary wage information to the director within
thirty-six
months following the thirty-first day of December of the year
immediately preceding the contribution period for which the rate
is to be effective. The revised rate under division (B)(3)(c) of
this section shall be equal to one hundred twenty per cent of the
contribution rate that would have resulted if the employer had
timely furnished the necessary wage information under division
(A)
of this section. (4) The director shall deny an employer's request
for
a
waiver of the requirement that the employer's contribution rate
be
the maximum rate under division (B)(2)(b) of this section, or
be
the rate assigned under division (B)(3)(b) of this section, or
for
a revision of the employer's rate as provided in
division
(B)(3)(c) of this section if the director
finds
that the
employer's failure to timely file the necessary wage information
was
due to an attempt to evade payment. (5) The director shall round the contribution
rates
the
director determines under this division to the
nearest tenth of
one per cent. (C) If, as a result of the computation pursuant to
division
(B) of this section, the employer's account shows a
negative
balance in excess of the applicable limitations, in that
computation, the excess above applicable limitations shall not be
transferred from the account as provided in division (A)(2) of
section 4141.24 of the Revised Code. (D) The rate determined pursuant to this section and
section
4141.25 of the Revised Code shall become binding upon the
employer
unless: (1) The employer makes a voluntary contribution as provided
in division (B) of section 4141.24 of the Revised Code, whereupon
the director shall issue the employer a revised
contribution rate
notice if the contribution changes the employer's rate; or (2) Within thirty days after the mailing of notice of the
employer's rate or a revision of it to the employer's last
known
address or, in the absence of mailing of such notice, within
thirty days
after the delivery of such notice, the employer files
an
application with the director for reconsideration
of the
director's determination of such rate setting
forth reasons
for
such request. The director shall promptly
examine the application
for reconsideration and shall notify the
employer of the
director's reconsidered
decision, which
shall become final unless,
within thirty days after the mailing of such notice
by certified
mail, return receipt requested, the employer files an
application
for review of such decision with the unemployment compensation
review commission. The commission shall promptly examine the
application for
review of the director's decision and shall
grant
such
employer an opportunity for a fair hearing. The proceeding
at
the hearing before the commission shall be recorded in the
means and
manner prescribed by the commission. For the purposes
of this
division, the review is considered timely filed when it
has been
received as provided in division
(I)(2)(D)(1) of
section
4141.28
4141.281 of the
Revised Code. The employer and the director shall be promptly
notified of
the
commission's decision, which shall become final
unless, within
thirty days after the mailing of notice of it to
the employer's
last known address by certified mail, return
receipt requested,
or, in the absence of mailing, within thirty
days after delivery
of such notice, an appeal is taken by the
employer or the director
to the court of common
pleas of
Franklin county. Such appeal
shall be taken by the employer or
the director by filing a notice
of appeal with the
clerk of
such court and with the commission.
Such notice of appeal
shall set forth the decision appealed and
the errors in it complained of.
Proof of the filing of such
notice with the commission shall be filed with the
clerk of such
court. The commission, upon written demand filed by the appellant
and within thirty days after the filing of such demand, shall file
with the clerk a certified transcript of the record of the
proceedings before the commission pertaining to the determination
or
order complained of, and the appeal shall be heard upon such
record certified to the commission. In such appeal, no additional
evidence shall be received by the court, but the court may order
additional evidence to be taken before the commission, and
the
commission, after hearing such additional evidence, shall certify
such
additional evidence to the court or it may modify its
determination and file such modified determination, together with
the transcript of the additional record, with the court. After
an
appeal has been filed in the court, the commission, by petition,
may be made a party to such appeal. Such appeal shall be given
precedence over other civil cases. The court may affirm the
determination or order complained of in the appeal if it finds,
upon consideration of the entire record, that the determination
or
order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such a
finding, it may reverse, vacate, or modify the determination or
order or make such other ruling as is supported by reliable,
probative, and substantial evidence and is in accordance with
law.
The judgment of the court shall be final and conclusive
unless
reversed, vacated, or modified on appeal. An appeal may
be taken
from the decision of the court of common pleas of
Franklin county. (E) The appeal provisions of division (D) of this section
apply to all other determinations and orders of the
director
affecting the liability of an employer to pay contributions or
the
amount of such contributions, determinations respecting
application for refunds of contributions, determinations
respecting applications for classification of employment as
seasonal under section 4141.33 of the Revised Code, and
exceptions
to charges of benefits to an employer's account as
provided in
division (D) of section 4141.24 of the Revised Code. (F) The validity of any general order or rule of the
director adopted pursuant to this chapter or of
any final order or
action
of the unemployment compensation review commission
respecting any such general
order or rule may be determined by the
court of common pleas of Franklin
county, and such general order,
rule, or action may be sustained
or set aside by the court on an
appeal to it which may be taken
by any person affected by the
order, rule, or action in the
manner provided by law. Such appeal
to the court of common pleas
of Franklin county shall be filed
within thirty days after the
date such general order, rule, or
action was publicly released by
the director or the commission.
Either party to
such action may appeal
from the court of common
pleas of Franklin county as in
ordinary civil cases. (G) Notwithstanding any determination made in pursuance of
sections 4141.23 to 4141.26 of the Revised Code, no individual
who
files a claim for benefits shall be denied the right to a
fair
hearing as provided in section
4141.28
4141.281 of the Revised
Code,
or the
right to have a claim determined on the merits of it. (H)(1) Notwithstanding division (D) of this section, if
the
director finds that an omission or error in
the director's
records
or employer reporting caused the director
to issue
an erroneous
determination or order affecting contribution rates,
the liability
of an employer to pay contributions or the amount
of such
contributions, determinations respecting applications for
refunds
of contributions, determinations respecting applications
for
classification of seasonal status under
section
4141.33 of the
Revised Code, or exceptions to charges of benefits
to an
employer's account as provided in division (D) of section
4141.24
of the Revised Code, the director may
issue a
corrected
determination or order correcting the erroneous
determination or
order, except as provided in division (H)(2) of
this section. (2) The director may not issue a corrected
determination or
order correcting an erroneous determination or
order if both of
the following apply: (a) The erroneous determination or order was caused solely
by an omission or error of the director; (b) A correction of the erroneous determination or order
would adversely affect the employer or any of the employers that
were parties in interest to the erroneous determination or order. A corrected determination or order issued under this
division
takes precedence over and renders void the erroneous
determination
or order and is appealable as provided in division
(D) of this
section.
BENEFITS
Applications for determination of benefit rights and claims
for
benefits shall be filed with the director of job and family
services.
Such applications and claims also may 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 an unemployed individual files an application for
determination of benefit rights, the director shall furnish the
individual with an explanation of the individual's appeal rights.
The explanation shall describe clearly the different levels of
appeal and explain where and when each appeal must be filed.
(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS In filing an application, an individual shall furnish the
director
with the name and address of the individual's most recent
separating
employer and the individual's statement of the reason
for separation
from the employer. The director shall promptly
notify the
individual's most recent separating employer of the
filing and
request the reason for the individual's unemployment,
unless that
notice is not necessary under conditions the director
establishes
by rule. The director may request from the individual
or any
employer information necessary for the determination of the
individual's right to benefits.
The employer shall provide the
information requested within ten
working days after the request is
sent. If necessary to ensure
prompt determination and payment of
benefits, the director shall
base the
determination on the
information that is available. An individual filing an application for determination of
benefit rights
shall disclose, at the time of filing, whether or
not
the individual
owes child support obligations.
An employer who lays off or separates within any seven-day
period
fifty or more individuals because of lack of work shall
furnish notice
to the director of the dates of layoff or
separation and the approximate
number of individuals being laid
off or separated. The notice
shall be furnished at least three
working days prior to the date
of the first day of such layoff or
separation. In addition, at
the time of the layoff or separation
the employer shall furnish to
the individual and to the director
information necessary to
determine the individual's eligibility
for unemployment
compensation.
(D) DETERMINATION OF BENEFIT RIGHTS The director shall promptly examine any application for
determination of benefit rights. On the basis of the information
available to the director under this chapter, the 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 director shall promptly notify the applicant,
employers in the applicant's base period, and any other interested
parties of the determination and the reasons for it. In
addition,
the determination issued to the claimant shall include
the total
amount of benefits payable. The determination issued to
each
chargeable base period employer shall include the total
amount of
benefits that may be charged to the employer's account.
The director shall examine the first claim and any additional
claim for benefits. On the basis of the information available,
the
director shall determine whether the claimant's most recent
separation
and, to the extent necessary, prior separations from
work, allow
the claimant to qualify for benefits. Written notice
of the determination
granting or denying benefits shall be sent to
the
claimant, the most recent separating employer, and any other
employer involved in the determination, except that written notice
is not required to be sent to the claimant if the reason for
separation is lack of work and the claim is allowed.
If the director identifies an eligibility issue, the
director shall send notice to the claimant of the issue identified
and specify the week or weeks involved. The claimant has a
minimum of five business days after the notice is sent to respond
to the information included in the notice, and after the time
allowed as determined by the director, the director shall make a
determination. The claimant's response may include a request for
a fact-finding interview when the eligibility issue is raised by
an informant or source other than the claimant, or when the
eligibility issue, if determined adversely, disqualifies the
claimant for the duration of the claimant's period of
unemployment.
When the determination of
a continued claim for benefits
results in a disallowed claim, the
director
shall notify the
claimant of the disallowance and the
reasons
for it.
Any base period or subsequent employer of a claimant who has
knowledge of specific facts affecting the claimant's right to
receive
benefits for any week may notify the director in writing
of those facts.
The director shall prescribe a form for such
eligibility notice,
but failure to use the form shall not preclude
the director's
examination of any notice. To be considered valid, an eligibility notice must: contain
in
writing, a statement that identifies either a source who has
firsthand
knowledge of the information or an informant who can
identify the
source; provide specific and detailed information
that may
potentially disqualify the claimant; provide the name and
address
of the source or the informant; and appear to the director
to be
reliable and credible. An eligibility notice is timely filed if received 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 timely files a valid
eligibility notice shall be an
interested party to the claim for
benefits which is the subject of
the notice. The director shall consider the information contained in the
eligibility notice, together with other available information.
After
giving the claimant notice and an opportunity to respond,
the
director shall make a determination and inform the notifying
employer, the claimant, and other interested parties of the
determination.
(G) CORRECTED DETERMINATION If the director finds within the benefit year that a
determination
made by the director was erroneous due to an error
in an employer's
report or any typographical or clerical error in
the director's
determination, or as shown by correct remuneration
information received by the director, the director shall issue a
corrected
determination
to all interested parties. The corrected
determination shall take
precedence over and void the prior
determination of the director. The director shall not issue a
corrected determination when the commission or a court has
jurisdiction with
respect to that determination.
(H) EFFECT OF COMMISSION DECISIONS In making determinations, the director shall follow decisions
of
the unemployment compensation review commission which have
become final
with respect to claimants similarly situated.
If benefits are allowed by the director, a hearing officer,
the
commission, or a court, the director shall pay benefits
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 director shall withhold
payment of benefits
pending a decision on any further appeal. APPEALS
Any party notified of a determination of benefit rights or a
claim
for benefits determination may appeal within twenty-one
calendar days
after the written determination was sent to the
party or within an extended
period as provided under division
(D)(9) of this section.
Within twenty-one days after receipt of the appeal, the
director
of job and family services shall issue a
redetermination
or
transfer the appeal to the unemployment
compensation review
commission.
A redetermination under this
section is appealable in
the same
manner as an initial
determination by the director.
The commission shall provide an opportunity for a fair
hearing to
the interested parties of appeals over which the
commission has
jurisdiction. The commission has jurisdiction over
an appeal on
transfer or on direct appeal to the commission. If
the commission
concludes that a pending appeal does not warrant a
hearing, the
commission may remand the appeal to the director for
redetermination. The commission retains jurisdiction until the
appeal is remanded to the director or a final decision is issued
and appealed to court, or the time to request a review or to
appeal a decision of a hearing officer or the commission is
expired. 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. Provisions contained in the remainder of this paragraph apply
to hearings
at both the hearing officer level and the review
level. The principles of
due process in administrative hearings
shall
be applied to all hearings conducted under the authority of
the commission.
In conducting hearings, all hearing officers
shall control the conduct
of the hearing, exclude irrelevant or
cumulative evidence, and give
weight to the kind of evidence on
which reasonably prudent persons
are accustomed to rely in the
conduct of serious affairs. Hearing
officers have an affirmative
duty to question parties and
witnesses in order to ascertain the
relevant facts and to fully
and fairly develop the record.
Hearing
officers are not bound by
common law or statutory rules of
evidence or by technical or
formal rules of procedure. No person
shall impose upon the
claimant or the employer any burden of proof
as is required in a
court of law.
The proceedings at hearings
shall be recorded by mechanical means or otherwise as may be
prescribed by the commission. In the absence of further
proceedings, the record need not be transcribed.
After considering
all of the evidence, a hearing
officer shall issue a written
decision that sets forth the facts
as the hearing officer finds
them to be, cites the applicable law,
and gives the reasoning for
the decision.
(3) HEARING OFFICER LEVEL When an appeal is transferred to the commission by the
director,
the commission shall notify all interested parties of
the time and place of
the hearing and assign the appeal for a
hearing by a hearing officer. The
hearings shall be de novo,
except that the director's file
pertaining to a case shall be
included in the record to be considered.
Following a hearing, the hearing officer shall affirm,
modify, or
reverse the determination of the director in the manner
that appears
just and proper. The hearing officer's written
decision shall be sent to all interested parties. The decision
shall state the right of an
interested party to
request a review
by the commission. A request for review shall be filed
within twenty-one days
after the decision was sent to the
party, or within an extended
period as provided under division (D)(9) of
this section.
The
hearing officer's decision shall become final unless a
request for
review is filed and allowed or the commission removes the appeal
to itself within twenty-one days after the hearing officer's
decision is sent.
At the review level, the commission may affirm, modify, or
reverse
previous determinations by the director or at the hearing
officer level. At the review level, the commission may affirm,
modify, or reverse a hearing officer's decision or remand the
decision to the hearing officer level for further hearing. The
commission shall
consider an appeal at the review level under the
following
circumstances: when an appeal is required to be heard
initially
at the review level under this chapter; when the
commission
on its own motion removes an appeal to itself within
twenty-one
days after the hearing officer's decision
is sent; when
the assigned hearing officer refers an appeal to
the commission
before the hearing officer's decision is sent; or when an
interested party files a request for
review with the commission
within twenty-one days after the hearing officer's decision is
sent. (5) COMMISSION EXAMINATION The commission shall consider a request for review by an
interested party, including the reasons for the request. The
commission
may adopt rules prescribing the methods for requesting
a
review. The commission may allow or disallow the request for
review. The disallowance of a request for review constitutes a
final decision by the commission.
If the commission allows a request for review, the commission
shall
notify
all interested parties of that fact and 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, may do one
of
the following: affirm the decision of the hearing officer;
provide for the appeal to be heard or reheard at the hearing
officer or review level; provide for the appeal to be heard at the
review level as a potential precedential decision; or provide for
the decision to be rewritten without further hearing at the review
level. When a further hearing is provided or the decision is
rewritten, the commission may affirm, modify, or reverse the
previous decision. The commission shall send written notice to all interested
parties when it
orders an appeal to be heard or reheard. The
notice shall include the
reasons for the hearing or rehearing. An appeal the commission identifies as potentially
precedential
shall be heard at the review level. In the notice
for that type
of hearing, the commission shall notify the
director, all
interested parties, and any other parties, as the
commission
determines appropriate, that the appeal is designated
as
potentially precedential. After the hearing, parties shall be
given the opportunity to submit briefs on the issue or issues
involved. The
commission may designate a decision as
precedential
after issuing the decision or at any point in the appeal process,
even if the commission does not initially identify the appeal as
potentially precedential. When the commission determines that it has five appeals
pending
that have common facts or common issues, the commission
may transfer the
appeals to the review level on its own motion to
be heard as a mass
appeal, including appeals from claimants
separated due to a labor
dispute, on the condition that there are
fewer than twenty-five
claimants involved. To facilitate a mass hearing, the commission may allow an
authorized agent to accept notice of hearing on behalf of
claimants. An
authorized agent may waive this notice of hearing
and also the
sending of decisions to individual claimants
represented by the
agent.
(1) TIMELINESS OF APPEALS The date of the mailing provided by the director or the
commission
is sufficient evidence upon which to conclude that a
determination,
redetermination, or decision was sent to the party
on that date.
Appeals may be filed with the 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. Any timely written notice by an interested
party indicating a
desire to appeal shall be accepted. The 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: if the United
States
postal
service is used as the means of delivery, the
enclosing envelope must have a
postmark date or postal meter
postmark that is on or before the last day of
the specified appeal
period; and where the postmark is illegible
or missing, the appeal
is timely filed if received not later than
the end of the fifth
calendar day following the last day of the
specified appeal
period. The director and the commission may adopt rules pertaining to
alternate methods of
filing appeals under this section. Interested parties may waive, in writing, a hearing at either
the hearing
officer or review level. If the
parties waive a
hearing, the hearing officer shall issue a decision
based on the
evidence of record. Hearing officers may conduct hearings at either the hearing
officer or
review level in person or by
telephone. The commission
shall adopt rules that designate the
circumstances under which
hearing officers may conduct a hearing by
telephone or grant a
party to the hearing the opportunity to object
to a hearing by
telephone. An interested party whose hearing
would be by
telephone may elect to have an in-person hearing,
provided that
the party agrees to have the hearing at the time and
place the
commission determines pursuant to rule. Where a party requests that a hearing at either the hearing
officer or
review level be scheduled in the evening
because the
party is employed during the day, the commission shall
schedule
the hearing during hours that the party is not
employed. If a
conflict concerning a request for an evening hearing and an
in-person hearing arises, the commission shall schedule the
hearing by telephone during
evening hours. (5) NO APPEARANCE -- APPELLANT For hearings at either the hearing officer or review level,
if the appealing party fails to appear at the hearing, the hearing
officer shall dismiss the appeal. The commission shall vacate the
dismissal upon a showing that written notice of the hearing was
not sent to that party's last known address, or good
cause for the
appellant's failure to appear is shown to the commission within
fourteen days after the hearing date.
If the commission finds that the appealing party's reason for
failing to appear does not constitute good cause for failing to
appear, the commission shall send written notice of that finding,
and the appealing party may request a hearing to present testimony
on the issue of good cause for failing to appear. The appealing
party shall file a request for a hearing on the issue of good
cause for failing to appear within ten days after the commission
sends written notice indicating a finding of no good cause for
failing to appear. (6) NO APPEARANCE -- APPELLEE For hearings at either the hearing officer or review level,
if the appellee
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. The commission shall vacate the
decision upon a showing that written notice of the hearing was not
sent to the appellee's last known address, or good
cause for the
appellee's failure to appear is shown to the
commission within
fourteen days after the hearing date. Any appeal or request for review may be executed on behalf of
any
party or any group of claimants by an agent. No finding of fact or law, decision, or order of the
director,
hearing officer, or the commission under this
section or
section 4141.28
of the Revised Code 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. (9) EXTENSION OF APPEAL PERIODS The time for filing an appeal or a request for review under
this
section or a court appeal under section 4141.282 of the
Revised
Code shall be extended in the manner described in the
following four
sentences. 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. 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 an
appeal or request for review under 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. 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
under this section, and the 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. 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 section 4141.282
of the Revised Code, 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. APPEAL TO COURT
(A) THIRTY-DAY DEADLINE FOR APPEAL Any interested party, within thirty days after written notice
of the final
decision of the unemployment compensation review
commission was sent to all interested parties, may appeal the
decision of the
commission to the court of common pleas.
(B) WHERE TO FILE THE APPEAL An appellant shall file the appeal with the court of common
pleas
of the county where the appellant, if an employee, is a
resident or
was last employed or, if an employer, is a resident or
has a
principal place of business in this state.
(C) PERFECTING THE APPEAL The timely filing of the notice of appeal shall be the only
act
required to perfect the appeal and vest jurisdiction in the
court. The
notice of appeal shall identify the decision appealed
from.
The commission shall provide on its final decision the names
and addresses of all interested parties. The appellant shall name
all interested parties as appellees in the notice of appeal. The
director of job
and family
services is always an interested party
and shall be
named as an appellee
in the notice of appeal.
(E) SERVICE OF THE NOTICE OF APPEAL Upon filing the notice of appeal with the clerk of the court,
the
clerk shall serve a copy of the notice of appeal upon all
appellees,
including the director.
(F) DUTIES OF THE COMMISSION The commission, within forty-five days after a notice of
appeal is filed, shall
file with the clerk a certified transcript
of
the record of
the proceedings at issue before the commission.
The commission also shall provide
a copy of
the transcript to the
appellant's attorney or to the
appellant, if
the appellant is not
represented by counsel, and to any appellee who requests a copy.
(G) COURT BRIEFING SCHEDULES The court shall provide for the filing of briefs by the
parties,
whether by local rule, scheduling order, or otherwise.
(H) REVIEW BY THE COURT OF COMMON PLEAS The court shall hear the appeal upon receipt of the certified
record
provided by
the commission. If the court finds that the
decision of the commission
was unlawful, unreasonable, or against
the manifest weight of the
evidence, it shall reverse, vacate, or
modify the decision, or
remand the matter to the commission.
Otherwise, the
court shall affirm the decision of the
commission.
(I) FAILURE TO FILE APPEAL WITHIN THIRTY DAYS If an appeal is filed after the thirty-day appeal period, the
court of common pleas shall conduct a hearing to determine whether
the
appeal was timely filed under division (D)(9) of section
4141.281 of
the Revised Code. 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 appeal was
filed
within the time allowed, the court shall after that make its
decision on the merits of the appeal. 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.
Sec. 4141.281
4141.283. (A) Whenever the director of
job
and family
services has reason to believe that
the unemployment of
twenty-five or more individuals relates to a
labor dispute, the
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
section 4141.28 of the Revised
Code. 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 director shall appoint a hearing officer to
conduct
the hearing of the case under division (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
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
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 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
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 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 director's
decision, and
then
schedule a further hearing on the case, disallow the
application
without further hearing, or modify or reverse the director's
decision. The
review
commission shall review the
director's
decision within fourteen days after receipt of
the decision or the
receipt of a transcript requested under
division (B) of this
section, whichever is later. (1) When a further hearing is granted, the commission
shall
make the director's decision and record of the case, as
certified
by the director, a part of the record and shall
consider the
director's decision and record in arriving at a
decision on the
case. The commission's decision
affirming, modifying,
or
reversing the director's decision, following the further
appeal,
shall be mailed to all interested parties within fourteen
days
after the hearing. (2) A decision to disallow a further appeal
or to modify or
reverse the director's decision
shall be mailed to all interested
parties within fourteen days
after the commission makes the
decision. A
disallowance
is deemed an affirmation of the
director's decision. (3) The time limits specified in
this section may be
extended by agreement of
all interested parties or for cause
beyond the control of the
director or the commission. (E) An appeal of the commission's decision issued under
division (D) of this section may be taken to the court of
common
pleas as provided in
division (N) of section
4141.28
4141.282 of
the
Revised Code. (F) A labor dispute decision involving fewer than
twenty-five individuals shall be determined under
division (D)(1)
of section 4141.28 of the Revised Code, and the
review
commission
shall
determine any
appeal from the decision pursuant to
division
(M) of that section
4141.281
of the Revised Code and within the
time limits provided in division
(D) of this
section.
Sec. 4141.282
4141.284. (A) When a claim for unemployment
compensation is filed by an
individual who owes child support
obligations, the director
of job and family services shall notify
the state or local child
support enforcement agency enforcing the
obligation only if the
claimant has been determined to be eligible
for unemployment
compensation. (B) The director shall deduct and withhold from
unemployment
compensation payable to an individual who owes child
support
obligations: (1) 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 director, as described in division (C) of
this section; or (2) Where division (B)(1) of this section is
inapplicable,
in the amount determined pursuant to an agreement
submitted to the
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 (3) If neither division (B)(1) nor (2) of this
section is
applicable, then in the amount specified by the
individual. (C) The director shall
receive all legal process described
in division
(B)(1) of this section from each local child support
enforcement agency, which legal process was issued by the
agency
under section 3121.07 of the Revised Code or
otherwise
was issued
by the agency. (D) The amount of unemployment compensation subject to
being
withheld pursuant to division (B) of this section is
that amount
that remains payable to the individual after
application of any
recoupment provisions for recovery of
overpayments and after
deductions that have been made under this
chapter for deductible
income received by the individual.
(E) Any amount deducted and withheld under division
(B) of
this section shall be paid to the appropriate state
or local child
support enforcement agency in the following
manner: (1) The director shall determine the amounts that are
to be
deducted and withheld on a per county basis. (2) For each county, the director shall forward to
the local
child support enforcement agency of the county,
the amount
determined for
that county under division (E)(1) of this section
for
disbursement to the obligees or assignees of such support
obligations. (F) Any amount deducted and withheld under division
(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) 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 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 this section: (1) "Child support obligations" means only obligations
that
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. (2) "State child support enforcement agency" means the work
unit within
the
department of job and family services, 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. (3) "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 (H)(1) of this section. (4) "Unemployment compensation" means any compensation
payable under this chapter including amounts payable by the
director pursuant to an agreement under any federal law
providing
for compensation, assistance, or allowances with
respect to
unemployment.
Sec. 4141.283
4141.285. Where a 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
that 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.
Sec. 4141.301. (A) As used in this section, unless the
context clearly requires otherwise: (1) "Extended benefit period" means a period which: (a) Begins with the third week after a week for which
there
is a state "on" indicator; and (b) Ends with either of the following weeks, whichever
occurs later: (i) The third week after the first week for which there is
a
state "off" indicator; or (ii) The thirteenth consecutive week of such period. Except, that no extended benefit period may begin by reason
of a state "on" indicator before the fourteenth week following
the
end of a prior extended benefit period which was in effect
with
respect to this state. (2) There is a "state/on'
state 'on' indicator" for
this
state for a
week if the director of job and family services
determines, in accordance with the
regulations of the United
States secretary of labor, that for the
period consisting of such
week and the immediately preceding
twelve weeks, the rate of
insured unemployment, not seasonally
adjusted, under Chapter 4141.
of the Revised Code: (a) Equaled or exceeded one hundred twenty per cent of
the
average of such rates for the corresponding thirteen-week
period
ending in each of the preceding two calendar years, and
for weeks
beginning before September 25, 1982, equaled or
exceeded four per
cent and for weeks beginning after September
25, 1982, equaled or
exceeded five per cent; (b) For weeks of unemployment beginning after December 31,
1977, and before September 25, 1982, such rate of insured
unemployment: (i) Met the criteria set forth in division (A)(2)(a) of
this
section; or (ii) Equaled or exceeded five per cent. (c) For weeks of unemployment beginning after September
25,
1982, such rate of insured unemployment: (i) Met the criteria set forth in division (A)(2)(a) of
this
section; or (ii) Equaled or exceeded six per cent. (3) A "state 'off' indicator" exists for the state for
a
week if the director determines, in accordance
with the
regulations of the United States secretary of labor, that for the
period consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment, not seasonally
adjusted, under Chapter 4141. of the Revised Code: (a) Was less than one hundred twenty per cent of the
average
of such rates for the corresponding thirteen-week period
ending in
each of the preceding two calendar years, or for weeks
beginning
before September 25, 1982, was less than four per cent
and for
weeks beginning after September 25, 1982, was less than
five per
cent; (b) For weeks of unemployment beginning after December 31,
1977 and before September 25, 1982, such rate of insured
unemployment: (i) Was less than five per cent; and (ii) Met the criteria set forth in division (A)(3)(a) of
this section. (c) For weeks of unemployment beginning after September
25,
1982, such rate of insured unemployment: (i) Was less than six per cent; and (ii) Met the criteria set forth in division (A)(3)(a) of
this section. (4) "Rate of insured unemployment," for purposes of
divisions (A)(2) and (3) of this section, means the percentage
derived by dividing: (a) The average weekly number of individuals filing claims
for regular compensation in this state for weeks of unemployment
with respect to the most recent thirteen-consecutive-week period,
as determined by the director on the basis of the
director's
reports to
the United States secretary of labor, by (b) The average monthly employment covered under Chapter
4141. of the Revised Code, for the first four of the most recent
six completed calendar quarters ending before the end of such
thirteen-week period. (5) "Regular benefits" means benefits payable to an
individual, as defined in division (C) of section 4141.01 of the
Revised Code, or under any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
to ex-servicepersons pursuant to the "Act of
September 6, 1966,"
80
Stat. 585, 5 U.S.C.A. 8501, other than extended benefits, and
additional benefits as defined in division (A)(10) of this
section. (6) "Extended benefits" means benefits, including benefits
payable to federal civilian employees and to
ex-servicepersons
pursuant to the "Act of September 6, 1966," 80 Stat. 585, 5
U.S.C.A. 8501, and additional benefits, payable to an individual
under the provisions of this section for weeks of unemployment in
the individual's eligibility period. (7) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit year
which
begin in an
extended benefit period and, if the individual's
benefit
year ends within the
extended benefit period, any weeks
thereafter which begin in the
period. (8) "Exhaustee" means an individual who, with respect to
any
week of unemployment in the individual's eligibility
period: (a) Has received prior to the week, all of the regular
benefits that were available to the individual under Chapter
4141.
of the
Revised Code, or any other state law, including dependents'
allowance and benefits payable to federal civilian employees and
ex-servicepersons under the "Act of September 6,
1966," 80 Stat.
585, 5 U.S.C.A. 8501, in the individual's current benefit
year
that includes
the week; (b) Has received, prior to the week, all of the regular
benefits that were available to the individual under this
chapter
or any
other state law, including dependents' allowances and
regular
benefits available to federal civilian employees and
ex-servicepersons under the "Act of September 6,
1966," 80 Stat.
585,
5 U.S.C.A. 8501, in the individual's current benefit year
that includes the
week, after the cancellation of some or all of
the
individual's wage credits
or the total or partial reduction of
the individual's right
to regular
benefits, provided that, for the
purposes of divisions (A)(8)(a)
and (8)(b) of this section, an
individual shall be deemed to have
received in the individual's
current benefit year all of the
regular benefits
that were either
payable or available to the individual even
though: (i) As a result of a pending appeal with respect to wages
or
employment, or both, that were not included in the original
monetary determination with respect to the individual's
current
benefit year,
the individual may subsequently be determined to be
entitled
to more regular
benefits, or (ii) By reason of section 4141.33 of the Revised Code, or
the seasonal employment provisions of another state law, the
individual is
not entitled to regular benefits with respect to the
week of
unemployment, although the individual may be entitled to
regular benefits
with respect to future weeks of unemployment in
either the next
season or off season in the individual's current
benefit
year, and the individual is
otherwise an "exhaustee"
within the meaning of this section with
respect to the right to
regular benefits under state law
seasonal
employment provisions
during either the season or off season in
which that week of
unemployment occurs, or (iii) Having established a benefit year, no regular
benefits
are payable to the individual during the year
because the
individual's wage
credits were cancelled or the individual's right
to regular
benefits was
totally reduced as the result of the
application of a
disqualification; or (c) The individual's benefit year having expired prior to
the week, has
no, or insufficient, wages or weeks of employment on
the basis of
which the individual could establish in any state a
new
benefit year that
would include the week, or having
established a new benefit year
that includes the week, the
individual is precluded from
receiving regular
benefits by reason
of a state law which meets the requirements of
section 3304 (a)(7)
of the "Federal Unemployment Tax Act," 53
Stat. 183, 26 U.S.C.A.
3301 to 3311; and (i) Has no right for the week to unemployment benefits or
allowances, as the case may be, under the Railroad Unemployment
Insurance Act, the Trade Act of 1974, and other federal laws as
are specified in regulations issued by the United States
secretary
of labor; and (ii) Has not received and is not seeking for the week
unemployment benefits under the unemployment compensation law of
the Virgin Islands, prior to the day after that on which the
secretary of labor approves the unemployment compensation law of
the Virgin Islands, or of Canada; or if the individual is
seeking
benefits
and the appropriate agency finally determines that the
individual is not
entitled to benefits under the law for the week. (9) "State law" means the unemployment insurance law of
any
state, approved by the United States secretary of labor under
section 3304 of the Internal Revenue Code of 1954. (10) "Additional benefits" means benefits totally financed
by a state and payable to exhaustees by reason of high
unemployment or by reason of other special factors under the
provisions of any state law. (B) Except when the result would be inconsistent with the
other provisions of this section, as provided in the regulations
of the director, the provisions of Chapter 4141.
of the
Revised
Code, which apply to claims for, or the payment of,
regular
benefits, shall apply to claims for, and the payment of,
extended
benefits. (C) Any individual shall be eligible to receive extended
benefits with respect to any week of unemployment in the
individual's
eligibility period only if the director finds
that,
with
respect to such week: (1) The individual is an "exhaustee" as defined in
division
(A)(8) of this section; and (2) The individual has satisfied the requirements of
Chapter
4141. of the Revised Code, for the receipt of regular
benefits
that are applicable to individuals claiming extended
benefits,
including not being subject to a disqualification for
the receipt
of benefits. (D) The weekly extended benefit amount payable to an
individual for a week of total unemployment in the
individual's
eligibility
period shall be the same as the weekly benefit amount
payable to
the individual during the individual's
applicable
benefit year. (E) The total extended benefit amount payable to any
eligible individual with respect to the individual's
applicable
benefit year
shall be the lesser of the following amounts: (1) Fifty per cent of the total amount of regular
benefits,
including dependents' allowances which were payable to
the
individual under Chapter 4141. of the Revised Code, in
the
individual's applicable
benefit year; (2) Thirteen times the individual's weekly benefit amount,
including
dependents' allowances, which was payable to the
individual
under Chapter
4141. of the Revised Code, for a week of
total unemployment in
the applicable benefit year; provided, that
in making the
computation under divisions (E)(1) and (2) of this
section, any
amount which is not a multiple of one dollar shall be
rounded to
the next lower multiple of one dollar. (F)(1) Except as provided in division (F)(2) of this
section, an individual eligible for extended benefits pursuant to
an interstate claim filed in any state under the interstate
benefit payment plan shall not be paid extended benefits for any
week in which an extended benefit period is not in effect in such
state. (2) Division (F)(1) of this section does not apply with
respect to the first two weeks for which extended compensation is
payable to an individual, as determined without regard to this
division, pursuant to an interstate claim filed under the
interstate benefit payment plan from the total extended benefit
amount payable to that individual in the individual's
applicable
benefit year. (3) Notwithstanding any other provisions of this section,
if
the benefit year of any individual ends within an extended
benefit
period, the remaining balance of extended benefits that
the
individual would, but for this section, be entitled to
receive in
that extended benefit period, with respect to weeks of
unemployment beginning after the end of the benefit year, shall
be
reduced, but not below zero, by the product of the number of
weeks
for which the individual received any amounts as trade
readjustment allowances within that benefit year, multiplied by
the individual's weekly benefit amount for extended benefits. (G)(1) Whenever an extended benefit period is to become
effective in this state, as a result of a state "on" indicator,
or
an extended benefit period is to be terminated in this state
as a
result of a state "off" indicator, the
director shall
make an
appropriate public announcement. (2) Computations required by division (A)(4) of this
section
shall be made by the director, in
accordance with
the regulations
prescribed by the United States secretary of
labor. (H)(1)(a) The director shall promptly examine any
application for extended benefits filed and, under this section,
determine whether the application is to be
allowed or
disallowed
and, if allowed, the weekly and total extended
benefits payable
and the effective date of the application. The
claimant, the
claimant's most recent employer, and any other
employer in the
base period of the claim upon which the extended benefits are
based, and who was chargeable for regular benefits based on such
claim, shall be notified of such determination. (b) The determination issued to the most recent or other
base period employer shall include the total amount of extended
benefits that may be charged to the employer's account.
Such
potential
charge amount shall be an amount equal to one-fourth of
the
regular benefits chargeable to the employer's account on the
regular claim
upon which extended benefits are based except that,
effective
January 1, 1979, the potential charge amount to the
state and its
instrumentalities and its political subdivisions and
their
instrumentalities shall be an amount equal to one-half of
the
regular benefits chargeable to their accounts on such claim.
If
regular benefits were chargeable to the mutualized account, in
lieu of an employer's account, then the extended benefits which
are based on such prior mutualized benefits shall also be charged
to the mutualized account. (c) As extended benefits are paid to eligible individuals: (i) One-half of such benefits will be charged to an
extended
benefit account to which reimbursement payments of
one-half of
extended benefits, received from the federal
government as
described in division (J) of this section, will be
credited; and (ii) One-half of the extended benefits shall be charged to
the accounts of base period employers and the mutualized account
in the same proportion as was provided for on the
regular claim;
or (iii) The full amount of extended benefits shall be
charged
to the accounts of the state and its instrumentalities,
and its
political subdivisions and their instrumentalities.
Employers
making payments in lieu of contributions shall be
charged in
accordance with division (B)(1) of section 4141.241 of
the Revised
Code. (d) If the application for extended benefits is
disallowed,
a determination shall be issued to the claimant,
which
determination shall set forth the reasons for the
disallowance.
Determinations issued under this division, whether
allowed or
disallowed, shall be subject to reconsideration and
appeal in
accordance with section
4141.28
4141.281 of the
Revised Code. (2) Any additional or continued claims, as described in
division (F) of section 4141.01 of the Revised Code, filed by an
individual at the beginning of, or during, the individual's
extended benefit
period shall be determined under division
(D)(E)
of
section 4141.28
of the Revised Code, and such
determination
shall be subject to
reconsideration and appeal in accordance with
section
4141.28
4141.281 of
the Revised Code. (I) Notwithstanding division (B) of this section, payment
of
extended benefits under this section shall not be made to any
individual for any week of unemployment in the individual's
eligibility period
during which the individual fails to accept any
offer of
suitable work, as
defined in division (I)(2) of this
section, or fails to apply for
any suitable work to which the
individual was referred by the
director,
or fails to actively
engage in seeking work, as prescribed in
division (I)(4) of this
section. (1) If any individual is ineligible for extended benefits
for any week by reason of a failure described in this division,
the individual shall be ineligible to receive extended benefits
beginning with the week in which the failure occurred and
continuing until the individual has been employed during each of
four subsequent weeks and the total remuneration earned by the
individual for this employment is equal to or more than four
times
the individual's weekly extended benefit amount, and has
met all
other eligibility requirements of this section, in order
to
establish entitlement to extended benefits. (2) For purposes of this section, the term "suitable work"
means, with respect to an individual, any work which is within
the
individual's capabilities, provided that with respect to the
position all of the following requirements are met: (a) It offers the individual gross average weekly
remuneration of more than the sum of: (i) The individual's extended weekly benefit amount; and (ii) The amount of supplemental unemployment compensation
benefits, as defined in section 501(c)(17)(D) of the "Internal
Revenue Code of 1954," 80 Stat. 1515, 26 U.S.C.A. 501, payable to
the individual for the week of unemployment. (b) It pays equal to or more than the higher of: (i) The minimum wage provided by section 6(a)(1) of the
"Fair Labor Standards Act of 1938," 91 Stat. 1245, 29 U.S.C.A.
206, without regard to any exemption; or (ii) Any applicable state or local minimum wage. (c) It is offered to the individual in writing or is
listed
with the employment office maintained or designated by the
director. (3) Extended benefits shall not be denied under this
division to any individual for any week by reason of a failure to
accept an offer of, or apply for suitable work if either of the
following conditions apply: (a) The failure would not result in a denial of benefits
to
a regular benefit claimant under section 4141.29 of the
Revised
Code to the extent that section 4141.29 of the Revised
Code is not
inconsistent with division (I)(2) of this section; (b) The individual furnishes evidence satisfactory to the
director that the individual's prospects for
obtaining work
in the
individual's customary occupation within a reasonably
short period
are
good. If the evidence is deemed satisfactory, the
determination
as to whether any work is suitable work with respect
to this
individual and whether the individual is ineligible or
disqualified shall be based upon the meaning of "suitable work"
and other provisions in section 4141.29 of the Revised Code. (4) For purposes of this section, an individual shall be
treated as actively engaged in seeking work during any week if: (a) The individual has engaged in a systematic and
sustained
effort to obtain work during that week; and (b) The individual provides tangible evidence to the
director that the individual has engaged in the
effort
during that
week. (5) The director shall refer applicants for
extended
benefits to job openings that meet the requirements of divisions
(E) and (F) of section 4141.29 of the Revised Code, and in the
case of applicants whose prospects are determined not to be good
under division (I)(3)(b) of this section to any suitable work
which meets the criteria in divisions (I)(2) and (3)(a) of this
section. (6) Individuals denied extended or regular benefits under
division (D)(1)(b) of section 4141.29 of the Revised Code because
of being given a disciplinary layoff for misconduct must, after
the date of disqualification, work the length of time and earn
the
amount of remuneration specified in division (I)(1) of this
section, and meet all other eligibility requirements of this
section, in order to establish entitlement to extended benefits. (J) All payments of extended benefits made pursuant to
this
section shall be paid out of the unemployment compensation
fund,
provided by section 4141.09 of the Revised Code, and all
payments
of the federal share of extended benefits that are
received as
reimbursements under section 204 of the
"Federal-State Extended
Unemployment Compensation Act of 1970,"
84 Stat. 696, 26 U.S.C.A.
3306, shall be deposited in such
unemployment compensation fund
and shall be credited to the
extended benefit account established
by division (G) of this
section. Any refund of extended benefits,
because of prior
overpayment of such benefits, may be made from
the unemployment
compensation fund. (K) In the administration of the provisions of this
section
which are enacted to conform with the requirements of the
"Federal-State Extended Unemployment Compensation Act of 1970,"
84
Stat. 696, 26 U.S.C.A. 3306, the director shall
take such
action
consistent with state law, as may be necessary: (1) To ensure that the provisions are so interpreted and
applied as to meet the requirements of the federal act as
interpreted by the United States department of labor; and (2) To secure to this state the full reimbursement of the
federal share of extended benefits paid under this section that
are reimbursable under the federal act.
Sec. 4141.35. (A) If the director of job and family
services
finds that
any fraudulent misrepresentation
has been made
by an applicant for or a recipient of benefits with
the object of
obtaining benefits to which the applicant or
recipient was not
entitled,
and in addition to any other penalty or forfeiture under
this
chapter, then the director: (1) Shall within four years after the end of the benefit
year in which the fraudulent misrepresentation was made reject or
cancel such person's entire weekly claim for benefits that was
fraudulently claimed, or the person's entire benefit rights
if the
misrepresentation was in connection with the filing of the
claimant's application for determination of benefit rights; (2) Shall by order declare that, for each application for
benefit rights and for each weekly claim canceled, such person
shall be ineligible for two otherwise valid weekly claims for
benefits, claimed within six years subsequent to the discovery of
such misrepresentation; (3) By order shall require that the total
amount of
benefits
rejected or canceled under division (A)(1) of this
section be
repaid to the director
before
such person may become eligible for
further benefits, and shall
withhold such unpaid sums from future
benefit payments accruing
and otherwise payable to such claimant.
Effective with orders
issued on or after January 1, 1993, if such
benefits are not
repaid within thirty days after the director's
order becomes
final, interest on the amount remaining unpaid shall
be charged
to the person at a rate and calculated in the same
manner as
provided under section 4141.23 of the Revised Code.
When
a
person ordered to repay benefits has repaid all overpaid
benefits
according to a plan approved by the director, the
director may cancel the amount of interest that
accrued
during the
period of the repayment plan. The
director may
take action in the
courts of this state to collect benefits and
interest as provided
in sections 4141.23 and 4141.27 of the
Revised Code, in regard to
the collection of unpaid
contributions, using the final repayment
order as the basis for
such action. No administrative or legal
proceedings for the
collection of such benefits or interest due
shall be initiated
after the expiration of six years from the date
on which the
director's order requiring repayment became
final and
the
amount of any benefits or interest not recovered at that time,
and any liens thereon, shall be canceled as uncollectible. (4) May take action to collect benefits fraudulently
obtained under the unemployment compensation law of any other
state or the United States or Canada. Such action may be
initiated in the courts of this state in the same manner as
provided for unpaid contributions in section 4141.41 of the
Revised Code. (5) May take action to collect benefits that have been
fraudulently obtained from the director, interest
pursuant to
division (A)(3) of this section, and court costs, through
attachment proceedings under Chapter 2715. of the Revised Code
and
garnishment proceedings under Chapter 2716. of the Revised
Code. (B) If the director finds that an applicant for
benefits has
been credited with a waiting period or paid benefits
to which the
applicant was not entitled for reasons other than
fraudulent
misrepresentation, the director shall: (1)(a) Within six months after the determination
under which
the claimant was credited with that waiting period or
paid
benefits
becomes final pursuant to section 4141.28 of the Revised
Code, or within three
years after the end of the benefit year in
which such benefits were claimed,
whichever is later, by order
cancel such waiting period and require that such
benefits be
repaid to the director or be withheld from any benefits to
which
such applicant is or may become entitled before any additional
benefits are paid, provided that the repayment or withholding
shall not be required where the overpayment is the result of the
director's correcting
or amending a prior
decision due to a
typographical or clerical error in the
director's prior
decision,
or an error in an employer's report under division
(G)(2) of
section 4141.28 of the Revised
Code.
(b) The limitation specified in division (B)(1)(a) of this
section shall not
apply to cases involving the retroactive
payment
of remuneration covering periods for which benefits were
previously paid to the claimant. However, in such cases, the
director's order requiring repayment shall not
be issued
unless
the director is notified of such
retroactive payment
within six
months from the date the retroactive payment was made
to the
claimant. (2) The director may, by reciprocal agreement
with
the
United States secretary of labor or another state, recover
overpayment amounts from unemployment benefits otherwise payable
to an individual under Chapter 4141. of the Revised Code. Any
overpayments made to the individual that have not previously been
recovered under an unemployment benefit program of the United
States may be recovered in accordance with section 303(g) of the
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the
"Federal Unemployment Tax Act," 53
Stat. 183 (1939), 26 U.S.C.A.
3301 to 3311. (3) If the amounts required to be repaid under division
(B)
of this section are not recovered within three years from the
date
the director's order requiring payment
became final,
initiate no
further action to collect such benefits and the
amount of any
benefits not recovered at that time shall be
canceled as
uncollectible. (C) The
reconsideration and appeal provisions of
section
4141.28
sections 4141.281 and
4141.282 of the Revised Code
shall
apply to all orders and
determinations issued under this
section,
except that an
individual's right of appeal under
division (B)(2)
of this
section shall be limited to this state's
authority to
recover
overpayment of benefits. (D) If an individual makes a full repayment or a repayment
that is less than the full amount required by this section, the
director shall apply the repayment to the
mutualized account
under
division (B) of section 4141.25 of the Revised Code,
except
that
the director shall credit the repayment to
the accounts
of the
individual's base period employers that previously have
not been
credited for the amount of improperly paid benefits
charged
against their accounts based on the proportion of
benefits charged
against the accounts as determined pursuant to
division (D) of
section 4141.24 of the Revised Code. The director shall deposit any repayment collected
under this
section that the director determines to
be payment
of interest
or
court costs into the unemployment compensation special
administrative fund established pursuant to section 4141.11 of
the
Revised Code.
Sec. 4503.03. (A) The registrar of motor vehicles may
designate the county auditor in each county a deputy registrar.
If
the population of a county is forty thousand or less according
to
the last federal census and if the county auditor is
designated by
the registrar as a deputy registrar, no other
person need be
designated in the county to act as a deputy
registrar. In all
other instances, the registrar shall contract
with one or more
other persons in each county to act as deputy
registrars. Deputy
registrars shall accept applications for the
annual license tax
for any vehicle not taxed under section
4503.63 of the Revised
Code and shall assign distinctive numbers
in the same manner as
the registrar. Such deputies shall be
located in such locations
in the county as the registrar sees
fit. There shall be at least
one deputy registrar in each
county. Deputy registrar contracts are subject to the provisions of
division (B) of section 125.081 of the Revised Code. (B) The registrar shall not contract with any person to
act
as a deputy registrar if the person or, where applicable,
his
the
person's spouse or a member of
his
the person's
immediate family
has made, within the current calendar year or any one of the
previous three calendar years, one or more contributions totaling
in excess of
one
hundred dollars to any person or entity included
in division
(A)(2) of section 102.021 of the Revised Code. As
used in this
division, "immediate family" has the same meaning as
in division
(D) of section 102.01 of the Revised Code and "entity"
includes
any political party and any "continuing association" as
defined
in division (B)(4) of section 3517.01 of the Revised Code
or
"political action committee" as defined in division (B)(8) of
that section that is primarily associated with that political
party. For purposes of this division, contributions to any
continuing association or any political action committee that is
primarily associated with a political party shall be aggregated
with contributions to that political party. The contribution limitations contained in this division do
not apply to any county auditor. The registrar shall not contract with either of the
following
to act as a deputy registrar: (1) Any elected public official other than a county
auditor
acting in
his
the county auditor's official capacity; (2) Any person holding a current, valid contract to
conduct
motor vehicle inspections under section 3704.14 of the
Revised
Code. (C)
Deputy
(1) Except as provided in division (C)(2) of this
section, deputy registrars are independent contractors and
neither
they nor their employees are employees of this state,
except that
nothing in this section shall affect the status of
county auditors
as public officials, nor the status of their
employees as
employees of any of the counties of this state,
which are
political subdivisions of this state. Each deputy
registrar shall
be responsible for the payment of all
unemployment compensation
premiums, all workers' compensation
premiums, social security
contributions, and any and all taxes
for which
he
the deputy
registrar is legally responsible. Each
deputy registrar shall
comply with all applicable federal, state, and local
laws
requiring the withholding of income taxes or other taxes from the
compensation of
his
the deputy registrar's employees. Each
deputy
registrar shall maintain during the entire term of
his
the
deputy
registrar's contract a policy of business liability insurance
satisfactory to the registrar and shall hold the department of
public safety,
the director of public safety, the bureau of motor
vehicles, and the registrar
harmless upon any and all claims for
damages arising out of the operation of
the deputy registrar
agency.
(2) For purposes of Chapter 4141. of the Revised Code,
determinations concerning the employment of deputy registrars and
their employees shall be made under Chapter 4141. of the Revised
Code. (D) With the approval of the director, the registrar shall
adopt rules governing the terms of the contract between the
registrar and each deputy registrar and specifications for the
services to be performed. The rules shall include specifications
relating to the amount of bond to be given as provided in this
section; the size and location of the deputy's office; the
leasing
of equipment necessary to conduct the vision screenings
required
under section 4507.12 of the Revised Code, and training
in the use
of the equipment. The specifications shall permit and
encourage
every deputy registrar to inform the public of the
location of
his
the deputy registrar's office and hours of
operation by means of
public service announcements and allow any deputy
registrar to
advertise in regard to the operation of the deputy registrar's
office. The
rules also shall include specifications for the hours
the
deputy's office is to be open to the public and shall require
as
a minimum that one deputy's office in each county be open to
the
public for at least four hours each weekend, provided that if
only one deputy's office is located within the boundary of the
county seat, that office is the office that shall be open for the
four-hour period each weekend, and that every deputy's office in
each county shall be open to the public until six-thirty p.m. on
at least one weeknight each week. The rules also shall include
specifications providing that every deputy in each county, upon
request, provide any person with information about the location
and office hours of all deputy registrars in the county and that
every deputy registrar prominently display within
his
the deputy
registrar's office, the toll-free telephone number of the bureau.
The
rules shall not prohibit the award of a deputy registrar
contract to a
nonprofit corporation formed under the laws of this
state. The rules shall
prohibit any deputy registrar from
operating more than one such
office at any time, except that the
rules may permit a nonprofit
corporation formed for the purposes
of providing
automobile-related services to its members or the
public and that
provides such services from more than one location
in this state
to operate a deputy registrar office at any such
location,
provided that the nonprofit corporation operates no more
than one
deputy registrar office in any one county. The rules may
include
such other specifications as the registrar and director
consider
necessary to provide a high level of service. As used in this section and in section 4507.01 of the
Revised
Code, "nonprofit corporation" has the same meaning as in
section
1702.01 of the Revised Code. (E) Unless otherwise terminated and except for interim
contracts of less than one year, contracts with deputy registrars
shall be for a term of at least two years, but no more than three
years and all contracts effective on or after July 1, 1996, shall
be for a term of more than two years, but not more than three
years. All contracts with deputy registrars shall expire on the
thirtieth day of June in the year of their expiration. The
auditor of state may examine the accounts, reports, systems, and
other data of each deputy registrar at least every two years.
The
registrar, with the approval of the director, shall
immediately
remove a deputy who violates any provision of the
Revised Code
related to
his
the duties as a deputy, any rule
adopted by the
registrar, or a term of
his
the deputy's contract
with the
registrar. The registrar also may remove a deputy who, in the
opinion of the registrar, has engaged in any conduct that is
either unbecoming
to one representing this state or is
inconsistent with the
efficient operation of the deputy's office.
Upon removal of a
deputy registrar for contract violation, the
auditor of state
shall examine the accounts, records, systems, and
other data of
the deputy registrar so removed. If the registrar, with the approval of the director,
determines that there is good cause to believe that a deputy
registrar or a person proposing for a deputy registrar contract
has engaged in any conduct that would require the denial or
termination of the deputy registrar contract, the registrar may
require the production of such books, records, and papers as
he
the
registrar determines are necessary, and may take the
depositions of
witnesses residing within or outside the state in
the same manner
as is prescribed by law for the taking of
depositions in civil
actions in the court of common pleas, and for
that purpose the
registrar may issue a subpoena for any witness or
a subpoena
duces tecum to compel the production of any books,
records, or
papers, directed to the sheriff of the county where
the witness
resides or is found. Such a subpoena shall be served
and
returned in the same manner as a subpoena in a criminal case
is
served and returned. The fees and mileage of the sheriff and
witnesses shall be the same as that allowed in the court of
common
pleas in criminal cases and shall be paid from the fund in
the
state treasury for the use of the agency in the same manner
as
other expenses of the agency are paid. In any case of disobedience or neglect of any subpoena
served
on any person or the refusal of any witness to testify to
any
matter regarding which
he
the witness lawfully may be
interrogated, the court of common pleas of any county where the
disobedience,
neglect, or refusal occurs or any judge thereof, on
application
by the registrar, shall compel obedience by attachment
proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court, or a refusal
to
testify therein. Nothing in this division shall be construed to require a
hearing of any nature prior to the termination of any deputy
registrar contract by the registrar, with the approval of the
director, for cause. (F) Except as provided in section 2743.03 of the Revised
Code, no court, other than the court of common pleas of Franklin
county, has jurisdiction of any action against the department of
public safety, the director, the bureau, or the registrar to
restrain the exercise of any power or authority nor to entertain
any action for declaratory judgment in the selection and
appointment of, or contracting with, deputy registrars. Neither
the department, the director, the bureau, nor the registrar is
liable in any action at law for damages sustained by any person
because of any acts of the department, the director, the bureau,
or the registrar, nor any employee of the department or bureau in
the performance of
his
official duties in the selection and
appointment of, and contracting with, deputy registrars. (G) The registrar shall assign to each deputy registrar a
series of numbers sufficient to supply the demand at all times in
the area the deputy registrar serves, and the registrar shall
keep
a record in
his
the registrar's office of the numbers
within the
series assigned. Each deputy shall be required to give bond in
the
amount of at least twenty-five thousand dollars, or in such
higher amount as the registrar determines necessary, based on a
uniform schedule of bond amounts established by the registrar and
determined by the volume of registrations handled by the deputy.
The form of the bond shall be prescribed by the registrar. The
bonds required of deputy registrars, in the discretion of the
registrar, may be individual or schedule bonds or may be included
in any blanket bond coverage carried by the department. (H) Each deputy registrar shall keep a file of each
application received by
him
the deputy and shall register that
motor vehicle with the name and address of the owner thereof. (I) Upon request, a deputy registrar shall make the
physical
inspection of a motor vehicle and issue the physical
inspection
certificate required in section 4505.061 of the
Revised Code. (J) Each deputy registrar shall file a report
semi-annually
with the registrar of motor vehicles listing the
number of
applicants for licenses
he
the deputy has served, the
number of
voter registration applications
he
the deputy has
completed and
transmitted to the board of elections, and the number of voter
registration applications declined.
Section 2. That existing sections 3121.01, 3121.07, 4141.01,
4141.06, 4141.162, 4141.20, 4141.24, 4141.26, 4141.281, 4141.282,
4141.283,
4141.301, 4141.35, and 4503.03 and section 4141.28 of
the Revised
Code are hereby
repealed.
Section 3. Notwithstanding division (R)(2) of section 4141.01
of the Revised Code as amended by this act, the Director of Job
and Family Services may specify that the provisions of that
division are applicable for the determination of benefit rights
involving benefit years beginning on or before December 28, 2003,
if the Director determines that the technological systems
necessary to effect the purposes of that division are operational
and sufficiently adequate to assure no interruption in the
discharge of the duties of the Director and the Department of Job
and Family Services under Chapter 4141. of the Revised Code.
Section 4. Section 3121.01 of the Revised Code, as
presented
in this act,
includes matter that was amended into
former sections
3111.20 and
3113.21 of the Revised Code by Sub.
H.B. 535 of the
123rd General Assembly. Paragraphs of
former
sections 3111.20 and
3113.21 of the Revised Code containing H.B. 535 amendments
were
transferred to section 3121.01 of the
Revised Code by Am. Sub.
S.B. 180 of the 123rd General
Assembly as
part of its general
revision of the child support
laws. Inclusion
of the H.B. 535
amendments in section 3121.01 of the Revised
Code is in
recognition of the principle stated in division (B) of
section
1.52 of the Revised Code that
amendments are to be
harmonized if
capable of simultaneous
operation. The version of
section 3121.01
of the Revised Code presented in this act
therefore is the
resulting version in effect prior to the
effective date of the
section in this act.
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