4146. Unemployment Compensation Review Commission
Chapter 4146-1 Appeals
4146-1-01 Hearing officer level appeals.
(A) Hearing officer level appeals are all appeals transferred to the review commission from determinations, orders and redeterminations issued by the administrator or the administrator's deputy in accordance with RC section 4141.28(G)(1) or section 4141.28:
(1) In any case concerning a claimant's right to benefits;
(2) In any case concerning an eligibility notice;
(3) In any case concerning charges assessed to a base period employer's account under RC section 4141.28 (C).
(B) any proceedings on any hearing officer level appeals shall be governed by the provisions of agency-level 4146 of the Administrative Code.
(C) Proceedings held within the state of Ohio on hearing officer level appeals in cases involving interstate claims for benefits shall be governed by agency-level 4146 of the Administrative Code. Whenever proceedings on an appeal are held in another state on an interstate claim filed against the state of Ohio, agency-level 4146 of the Administrative Code shall be applicable to the extent that it can reasonably and appropriately be applied, except that agency-level 4146 of the Administrative Code shall not apply to the scheduling or manner of conducting proceedings in such other state.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
Chapter 4146-3 Appeals Heard by Review Commission and Hearing Officers
4146-3-01 Hearing officer level appeals heard by hearing officers.
(A) A hearing officer level appeal shall be assigned to a hearing officer for hearing and decision unless retained by the review commission.
(B) Any hearing officer level appeal assigned to a hearing officer for hearing and decision may be transferred by the review commission to another hearing officer at any stage of the proceedings prior to the issuance of the hearing officer’s decision.
(C) Any hearing officer level appeal assigned to a hearing officer for hearing and decision, may be referred to or removed by the review commission to review level at any stage of the proceedings prior to the issuance of a decision or prior to the decision becoming final.
R.C. 119.032 review dates: 07/07/2009 and 07/07/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-3-02 Appeals heard by the review commission.
(A) The review commission may hear and decide any request for review from a hearing officer level decision or may assign such to a hearing officer to conduct a hearing for and on behalf of the review commission.
(B) The review commission may hear and decide any application for appeal from an administrator's hearing officer's decision in a labor dispute heard pursuant to section 4141.28 (D)(1)(c) of the Revised Code.
(C) The review commission may hear and decide any hearing officer level appeal referred by a hearing officer or removed to the review commission on its own motion.
(D) The review commission may hear and decide any appeal filed pursuant to section RC 4141.26 (D)(2) from reconsidered decisions issued by the administrator or the administrator's deputy.
(E) Notice of the removal of any case to the review commission shall be mailed to the last known post office address of each interested party.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
Chapter 4146-5 Appeals at Hearing Officer Level
4146-5-01 What constitutes an appeal at hearing officer level.
An appeal at hearing officer level is any written notice stating that the interested party appeals from or desires a review of a determination or redetermination issued by the administrator, or one of the administrator's deputies transferred to the review commission for hearing and disposition.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-5-02 Notice that an appeal has been transferred.
A notice that an appeal filed in accordance with section RC 4141.28 (G)(1) or 4141.28 (E)(3) has been transferred to the review commission by the administrator and that a hearing officer level hearing will be held shall be mailed by the review commission to the last known post office address of each interested party. No notice shall be sent when the review commission elects to transfer jurisdiction back to the administrator prior to the notice of transfer having been mailed.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-5-03 Matters which may be considered.
(A) Any issue within the jurisdiction of the administrator in an initial determination, reconsidered decision or redetermination from which an appeal is filed with the review commission, or filed with the administrator and transferred to the review commission shall be heard, considered and decided by the review commission or the hearing officer to whom the case is assigned for decision.
(B) The issue(s) need not be specifically considered or referred to by the administrator in the administrator’s determination, reconsidered decision or redetermination, referred to specifically in the appeal, or raised by an interested party.
(C) Failure to include notice of an issue in the “notice of hearing,” as provided in rule 4146-5-04 of the Administrative Code, shall not preclude consideration of the issue on appeal, but if any interested party is surprised by a new issue, and unprepared to proceed, a continuance shall be granted.
(D) The hearing officer shall advise all parties of any new issue not contained in the notice of hearing. If a party does not waive notice of this new issue and agree to proceed, the case shall be continued.
R.C. 119.032 review dates: 07/07/2009 and 07/07/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-5-04 Notice of hearing.
(A) A notice of hearing for all scheduled hearings, except for hearings held under Chapter 4146-23 of the Administrative Code, i.e., contribution rate appeal hearings, shall be sent to each interested party at least seven days prior to the hearing date. In a hearing held under Chapter 4146-23 of the Administrative Code, the notice of hearing shall be mailed to the last known post office address of each interested party at least twenty-one days prior to the hearing date. A notice of hearing shall specify:
(1) The date, time and place of hearing or the date and time of the telephone hearing, and
(2) A brief summary of the issues to be heard and decided.
(B) Any interested part or their authorized representative may waive formal written notice of hearing. A hearing may be scheduled earlier than the number of days specified in this rule only upon the agreement of the interested parties.
Eff 12-31-66; 5-1-92; 10-1-98; 8-9-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 4141.06, 4141.14
Rule amplifies: RC 4141.281(C)(3)[,] (7)
RC 119.032 Review Date: 07/03/2003 and 08/09/2009
4146-5-05 Notice that an appeal has been transferred and a hearing officer level telephone hearing will be held; election of an in-person hearing.
(A) Where the review commission intends to hold a telephone hearing at hearing officer level, the notice that an appeal has been transferred shall indicate that a telephone hearing is to be held. The notice also shall: (1) inform the interested parties that if they do not wish to have their appeal heard by telephone, any party may elect to have an in-person hearing where the party agrees to travel to a hearing site related to the location of the other interested party or parties, (2) describe the telephone hearing procedure and (3) explain how parties may submit documents and exhibits.
(B) A request for an in-person hearing must be filed with the review commission within ten days of the mailing date of notice that an appeal has been transferred.
(C) A request for in-person hearing is considered to be timely filed when it is received by the review commission and one of the following occurs:
(1) Receipt is before the close of business on the last day of the filing period;
(2) The request is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or
(3) The request is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.
(4) The request is sent by fax and received by midnight of the last day of the filing period.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 10-1-98, 12-6-99
4146-5-06 Scheduling of hearings.
(A) Hearings held under these rules shall be scheduled as promptly as is administratively feasible. Hearings may be scheduled to be heard by telephone or at a time and place as determined by the review commission. In the scheduling of hearings, consideration will be given to the prompt disposition of appeals, the hours and days of the week established for conducting hearings, the regular hearing sites within the state and the commuting distance involved for the interested parties and their witnesses.
(B) All evening hearings shall be scheduled to be heard by telephone. The party which requested an evening hearing may elect to have an in-person hearing if the party agrees:
(1) to waive the right to an evening hearing and,
(2) travel to a hearing site designated by the review commission. The site normally will be related to the location of the other interested party or parties.
(C) 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.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5/1/92, 10/01/98, 8/9/04
4146-5-07 Postponement of hearing.
(A) Upon the showing of good cause, a hearing may be postponed at the request of any interested party or their authorized representative, or upon the motion of the review commission or hearing officer. All interested parties shall be notified of any postponement. When the matter is rescheduled, notice of hearing shall be sent to all interested parties.
(B) On its own motion, or upon the showing of good cause by an interested party, the review commission or hearing officer may adjourn or continue the hearing to a different time and/or place. A notice of the date, time, and place of the continued hearing shall be sent to the interested parties.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5/1/92, 10/01/98, 8/9/04
4146-5-08 Documents to be considered in telephone hearings.
(A) Where an interested party has documents or written materials for the hearing officer or review commission to consider, a copy of the documents or materials shall be sent to the review commission at the address directed on the notice as well as to all interested parties and their representatives listed on the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held. Each document shall be identified by a letter. Each page of a multipage document shall be numbered. Documents shall be filed with the review commission within fourteen days of the mailing date of the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held.
(B) If documents have not been filed with the review commission and received by all interested parties at the time of hearing, then the documents shall not be considered by the review commission or hearing officer unless the hearing is continued to allow the other parties to review the document.
(C) A party may waive the right to a continuance to see the document and may proceed with the hearing. If a document is not relevant to the issue at the hearing, then the review commission or hearing officer may disregard it without continuing the hearing.
(D) Documents are considered to be timely filed when they are received by the review commission, and one of the following occurs:
(1) Receipt is before the close of business on the last day of the filing period;
(2) The documents are mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or
(3) The documents are mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.
(4) The documents are sent by fax and the fax is received prior to midnight of the last day of the filing period.
R.C. 119.032 review dates: 07/07/2009 and 07/07/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
Chapter 4146-7 Procedure
4146-7-01 Testimony; record.
All testimony in any case under agency-level 4146 of the Administrative Code shall be under oath or by affirmation. The proceedings shall be recorded by mechanical means or otherwise as may be prescribed by the review commission. No other formal record of any proceedings by manual, mechanical, or electronic device shall be permitted. The record of a case shall include all actions under agency-level 4146 of the Administrative Code pertaining to the case or to the interested parties. The hearing shall be de novo, except the file of the administrator, shall be included in the record to be considered.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-7-02 Procedure; evidence; rights of parties.
(A) Procedure
The review commission and hearing officers shall conduct hearings and other proceedings in a case in such order and manner and shall take any steps consistent with the impartial discharge of their duties which appear reasonable and necessary to ascertain all relevant facts and to render a fair and complete decision on all issues which appear to be presented.
(B) Evidence
All facts relevant to a fair and complete decision shall be received as directly and simply as possible. The proceedings shall be informal, and the review commission and hearing officers shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.
(C) Rights of parties
The review commission or hearing officer conducting a proceeding may examine the interested parties and other witnesses, and each interested party and the interested party's representative shall have all rights of fair hearing, including:
(1) The right of examination and cross-examination of witnesses,
(2) The right to present testimony and other evidence,
(3) The right to inspect and examine documents, files, reports and records received in evidence,
(4) The right to present testimony and other evidence in explanation and rebuttal,
(5) The right to subpoenas for witnesses and documentary evidence and the right to present argument.
(D) Duty of hearing officer or review commission in conducting hearings.
The review commission or hearing officer conducting the proceeding shall advise each party as to rights, aid in examining and cross-examining witnesses, and give every assistance compatible with the discharge of the official duties of the review commission or hearing officer.
(E) Stipulations by the parties.
Interested parties may submit stipulations or any other agreed statement respecting all or any part of the facts involved in the case. Interested parties may also waive the right to a hearing. The review commission or hearing officer conducting such proceeding shall require or obtain such additional evidence as may be necessary to render a fair and complete decision.
(F) Securing witnesses and documents; special investigations.
(1) The attendance of witnesses and the production of other evidence may be required by the review commission or hearing officer as they are deemed necessary to present fully and adequately any issue to be determined.
(2) Whenever an investigation, payroll audit or other examination is necessary to present fully and adequately any issue to be determined in a case, the review commission or hearing officer shall request that same be made by the administrator or the administrator's deputy and submitted in evidence.
(G) Public hearings.
All hearings under agency-level 4146 of the Administrative Code shall be open to the public, but the hearing officer or review commission conducting a hearing may close the hearing as to other than interested parties to the extent necessary to protect the interests and rights of the claimant or employer to a fair hearing.
(H) Adjournment or continuance.
On its own motion, or upon the showing of good cause by an interested party, or whenever it appears that such action is necessary to afford the claimant or employer a reasonable opportunity for a fair hearing, the review commission or hearing officer may adjourn or continue a hearing to another time or place. Notice of the time and place of the adjourned or continued hearing shall be given to the interested parties.
(I) Consolidation of cases.
When the same or substantially similar evidence is relevant and material to the issues in more than one case, proceedings thereon may be conducted jointly, a single record of the proceedings made and evidence introduced with respect to one case considered as introduced in the others, unless such consolidation would be prejudicial to the interests or rights of any interested party.
(J) Failure of appealing party to appear.
(1) Failure to appear
If the appealing party in any case fails to appear personally or by counsel or other representative at a scheduled hearing, except as provided by rule 4146-23-05 of the Administrative Code, after notice of the hearing was sent to such party's last known post office address, the review commission or hearing officer to whom the case is assigned for decision shall dismiss the appeal. Notice of dismissal shall be mailed to the last known post office address of each interested party. The notice of dismissal shall contain a notice that no further administrative appeal may be instituted and no further hearing may be held, except for a hearing on good cause for failure to appear provided by rule 4146-7-02 (J)(2) of the Administrative Code.
(2) Good cause for failure to appear.
The hearing officer or review commission shall vacate the dismissal upon a showing that the notice was not mailed to the party's last known post office address or the appealing party shows good cause for failure to appear within fourteen days after the scheduled hearing date.
(a) In the event there is no showing of good cause for failure to appear within such fourteen day period, the dismissal is considered final.
(b) If the appealing party files a statement as to why they failed to appear within fourteen days, but the statement is deemed not to establish good cause, notice shall be mailed to the party's last known post office address advising them that the statement has been found not to establish good cause. The appealing party has ten days from the date of mailing of this notice to request a hearing on the issue of whether they have shown good cause for failure to appear. If the appealing party timely requests a hearing, a hearing will be scheduled on the issue of good cause for failure to appear. Failure to appear at a hearing scheduled on the issue of good cause results in the dismissal becoming final.
(c) In the event there is a finding of good cause for failure to appear, the hearing shall be rescheduled with due notice to all interested parties.
(K) Oral argument and briefs.
At the conclusion of any hearing, the interested parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The review commission or hearing officer to whom a case is assigned shall afford the interested parties an opportunity to present oral argument or to file briefs or may permit both, and may limit the time of oral argument; however, any party not represented by legal counsel shall not be limited to the filing of briefs.
(L) Exhibits.
Exhibits shall be properly marked, identified and placed in the Review commission appeal folder. Those exhibits that cannot be placed in the appeal folder shall be retained by the hearing officer or the secretary of the review commission pending further proceedings. When the case is finally closed, the exhibits shall be disposed of according to law.
(M) Reopening of proceedings.
At any time after hearing and prior to the issuance of a decision, the review commission or the hearing officer to whom the case is assigned for hearing and decision may, for good cause, reopen the appeal for further proceedings, provided that an appeal shall not be reopened when the appeal has been dismissed.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
Chapter 4146-9 Content of Decisions and Orders
4146-9-01 Content of decisions and orders; mailing of decisions and orders; revision of decisions and orders; copies of decisions and orders.
(A) The review commission or the hearing officer, as soon as administratively feasible after the close of all proceeding in a case shall issue a written decision which shall affirm, modify or reverse the prior decision. The decision shall be based upon evidence in the record, and consideration of arguments on the record, and shall set forth findings of fact and the reasons for the legal conclusions reached on the issues; provided, that in respect to a request for review, the review commission shall issue a written order granting or denying such request as provided in rule 4146-25-02 of the Administrative Code. If the review commission's decision or order is not unanimous, the vote of the majority of members shall control, and the dissent shall be noted on such decision or order. The dissenting member may append to the decision or order an opinion in the case.
(B) Copies of decisions of hearing officers and decisions and orders of the review commission, including dissenting opinions, shall be sent to each interested party, and shall set forth the date the decision or order is sent and a clear statement of statutory appeal rights.
(C) Within the twenty-one calendar day period immediately following the date the hearing officer's decision is sent, or within the thirty calendar day period immediately following the date the decision or order of the review commission is sent, the hearing officer or the review commission who issued such decision or order may vacate and set aside such decision or order, and make such changes and revisions therein as are just and proper; provided, jurisdiction has not been removed to a higher authority. Copies of such revised decision or order shall be sent to the interested parties with the date the decision or order is sent and a clear statement of statutory appeal rights as provided in paragraph (B) of rule 4146-9-01 of the Administrative Code.
(D) Copies of decisions of hearing officers and decisions and orders of the review commission shall be kept on file at the office of the review commission.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98, 8/9/04
Chapter 4146-11 Disqualification; Challenges
4146-11-01 Disqualification.
No hearing officer or member of the review commission shall participate in proceedings in any case in which the hearing officer or member has an interest which might prevent the hearing officer or member from conducting a fair hearing or reaching an impartial decision.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-11-02 Challenges.
A hearing officer or member of the review commission who might be subject to disqualification under rule 4146-11-01 of the Administrative Code may be challenged by any interested party at any time prior to the disposition of the appeal by the hearing officer or the review commission, whichever is the subject of the challenge. A challenge to a hearing officer may be presented orally at a scheduled hearing and made part of the record, or a written challenge shall be filed with the review commission. Such challenges to hearing officers shall be decided by the review commission. Challenges to members of the review commission shall be directed to the secretary of the advisory council at "Ohio Department of Job and Family Services, 145 South Front Street, Columbus, Ohio 43216," and shall set forth the grounds on which such challenge is based. The chairman of the advisory council shall decide challenges to members of the review commission. In the event a challenge to a member of the review commission is sustained, or a member of the review commission withdraws under rule 4146-11-01 of the Administrative Code, the chairman of the advisory council shall so advise the governor, who shall then proceed to appoint a member of the advisory council to act for the member of the review commission as provided in section 4141.06 of the Revised Code.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98, 8/9/04
Chapter 4146-13 Time of Appeal; Withdrawal of Appeal
4146-13-01 Appeals, applications for appeal and requests for review; beginning of appeal period.
An application for appeal to an administrator's decision under RC section 4141.28 (D)(1)(C) or a request for review from a hearing officer's decision, must be filed not later than twenty-one calendar days after a copy of the decision appealed from is mailed to the party's last known post office address. Appeals in cases under Chapter 4146-23 of the Administrative Code must be filed not later than thirty calendar days after a copy of the decision appealed from is mailed to the last known post office address of the party. Notice of appeal, an application for appeal or a request for review to the review commission may be either mailed, delivered, or filed through the use of a facsimile device. If filed by facsimile device it must be received before midnight of the last day of the appeal period. If notice of appeal, an application for appeal or a request for review is mailed, it must be postmarked before midnight of the last day of the appeal period; if delivered, it must be received before the closing time of the office on the last day of the appeal period. The appeal, application for appeal, or request for review, may be filed with the review commission, administrator, one of the administrator's deputies, with an employee of another state or federal agency or with an employee of the unemployment commission of Canada, charged with the duty of accepting claims. In computing the period of time within which an interested party may file an appeal, an application for appeal or a request for review, within a limited number of days specified in agency-level 4146 of the Administrative Code, such period shall begin at 12:01 A.M. on the day next following the date on which the decision is mailed to the party's last known post office address and shall extend for the number of days specified above. The time for filing an appeal, a request for review or an application for appeal under this rule shal be extended as follows:
(1) When the last day of the period of appeal referred to above falls on a Saturday, Sunday, or on a legal holiday, the period shall extend to and include the next day which is not a Saturday, Sunday or a legal holiday.
(2) When an interested party provides certified medical evidence stating that the interested party's physical condition or mental capacity prevented the interested party from filing a appeal or request for review pursuant to division (G), (H), or (L) of this section within the appropriate twenty-one day period, the appeal period is extended to twenty-one days after the end of the physical or mental condition and the appeal, or request for review is considered timely filed if filed within that extended period;
(3) When an interested party provides evidence, which evidence may consist of testimony from the interested party, that is sufficient to establish that the party did not actually receive the determination or decision within the applicable appeal period pursuant to division (G), (H), or (L) of this section, and the administrator 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.
(A) Date of decision.
The date of mailing set forth on the decision being appealed shall be sufficient evidence of the date of mailing of the decision.
(B) When appeal, application for appeal or request for review, deemed to be filed.
An appeal, application for appeal or a request for review, shall be deemed to be filed with the review commission on the date of receipt, where delivered to the administrator, the review commission or to any of the agencies or employees designated above, by the party themselves, or the party's representative. Filing shall be deemed to be completed on the postmarked date appearing on the enclosing envelope where filing is by mail and the appeal or request for review is received by the administrator or review commission. Where filing is by facsimile device, filing shall be deemed completed when the facsimile is received.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-13-02 Voluntary withdrawal of an appeal, an application for appeal, a request for review or an appeal transferred to the review commission.
An appeal, an application for appeal, request for review, or an appeal transferred to the review commission under agency-level 4146, of the Administraitve Code may be withdrawn upon application to the review commission in writing by any party or the party's representative prior to the issuance of a decision or order thereon. Upon approval of such request by the review commission, an order shall be made allowing said withdrawal. Notice of such withdrawal by the review commission shall be mailed to the last known post office address of each interested party. If application for withdrawal is denied, notice of such action by the review commission shall be mailed to the last known post office address of the applicant.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-6-99
Chapter 4146-15 Subpoenas; Contempt; Witness and Mileage Fees
4146-15-01 Who and when to issue.
Upon the request of an interested party, or upon its own motion and within its discretion, the review commission or a hearing officer may, at any time, issue subpoenas to compel the attendance and testimony of witnesses and production of books, accounts, papers, records and documents at any hearing. If an interested party desires the issuance of subpoenas in order to compel the attendance of witnesses or the production of evidence at a scheduled hearing, the party's request should be filed with the review commission at least five calendar days in advance of the date of the hearing in order to allow sufficient time for preparation and service of the subpoenas. In the event that the number of subpoenas requested by any party appears to be unreasonable, the review commission may require a showing of necessity therefor, and, in the absence of such showing, only three subpoenas will be issued.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98, 8/9/04
4146-15-02 Service of subpoenas.
Service of subpoenas may be made by regular mail, registered mail, or certified mail with return receipt requested or by personal service of an authorized agent. Proof of service shall be evidenced by the return of such receipt for registered or certified mail or by affidavit of service.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98, 8/9/04
4146-15-03 Contempt proceedings.
Any individual who refuses to testify of fails to appear at any proceeding in response to a subpoena duly issued and served, or fails to produce books, records, documents, or other written evidence in the individual's possession or under the individual's control as to any matter regarding which the individual may be lawfully interrogated, shall be subject to contempt proceedings as authorized in section 4141.17 of the revised code.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-15-04 Who may be allowed witness fees; amount.
Witness fees shall be allowed to those witnesses who were duly subpoenaed and pursuant thereto appeared at a hearing. For each day of attendance each of such witnesses shall be allowed the amount prescribed by law in civil cases.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-15-05 Amount of mileage fees.
Each subpoenaed witness who verifies the witness mileage shall be allowed mileage fees at the rate of ten cents for each mile actually and necessarily traveled in order to participate in the hearing. Mileage is to be measured from the witness residence or the place where service of subpoena was made; provided, however, that no mileage shall be allowed where said travel is solely within the corporate limits of the municipality in which such hearing is held.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
Chapter 4146-17 Availability of Information; Notice of Hearing
4146-17-01 Availability of information contained in review commission files.
(A) In addition to the administrator's file, the review commission shall maintain a file in each case before it. The review commission file shall consist of the appeal, request for review or an application for appeal, all exhibits introduced at the hearing, the transcript where it exists and any other documents pertaining to the case that are submitted or generated after an appeal, application for appeal or request for review has been filed.
(B) An interested party may request to review the administrator's file and the review commission file prior to a hearing in order to prepare for a hearing before a hearing officer or the review commission. The review commission will copy the file and it will be made available where practicable, at a local office within the state of Ohio. An interested party may also purchase a copy of the file(s) directly from the review commission at a reproduction cost set by the commission
(C) Where an interested party wishes to review a file or purchase a copy prior to a scheduled hearing, the request should be made within ten days of the date of mailing of one of the following notices referred to in the Administrative Code:
(1) Rule 4146-5-02 of the Administrative Code, where an in-person hearing officer level hearing is to be held,
(2) Rule 4146-5-05 of the Administrative Code, where a telephone hearing is to be held, or
(3) Paragraph (C) of rule 4146-25-04 of the Administrative Code, where a review level hearing is to be held.
Where an interested party's request is made after the time specified above, the request will be allowed if it can be accommodated without causing delay to a scheduled hearing.
(D) Where an appealing party wishes to review a file prior to the review commission's examination of a request for review, the request should be made at the time the request for review is filed or no later than ten days after such filing
(E) Examination and copying of files pursuant to this rule shall be permitted only for purposes relating to Chapter 4141. of the Revised Code.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-17-02 Furnishing of transcripts or hearing tapes.
The record of a hearing shall not be transcribed except as required by statute. Upon a request made of the secretary of the review commission, a copy of the hearing tape recording will be provided at the cost of the requesting party.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-17-03 Notice of public hearing.
(A) The commission shall publish notice of public hearing to be conducted for the purpose of adopting, amending or rescinding rules, in accordance with section 119.032 of the Revised Code, once in five newspapers published in different counties and of general circulation in the state.
(B) The notice shall be given at least thirty days, but not more than fifty days, prior to the hearing. The notice shall state the board's intention to adopt, amend or rescind a rule; shall include a synopsis of the proposed rule, amendment, or rule to be rescinded, or a general statement of the subject matter to which the proposed rule, amendment or rescission relates; shall enumerate the date, time and place of the hearing. The notice also shall state the manner in which copies of the proposed rule, amendment or rule to be rescinded may be obtained.
(C) The commission shall furnish the public notice under section 119.032 of the Revised Code and as detailed by paragraph (B) of this rule to any person who requests notice in writing and pays a reasonable fee, not to exceed the cost of copying and mailing.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 12-27-91, 5-1-92, 12-6-99
Chapter 4146-19 Representation
4146-19-01 Representation before hearing officer or review commission.
At any proceeding before a hearing officer or review commission, any interested party may appear in person, by counsel, or an authorized representative.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-19-02 Representative of interested party may be barred.
A hearing officer or the review commission may bar, for cause, the representative of any interested party from appearing in any proceedings in a case. Such cause shall be set out in the record of the case. In the event a representative is barred, if the aggrieved party so desires, proceedings in the case shall be adjourned or continued to afford an opportunity to such party to secure other representation.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-19-03 Fees of representative.
Unless approved by the review commission in writing, no person representing an interested party in a case before the hearing officer and the review commission shall charge fees in excess of twenty five percent of the amount of benefits involved in the case.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
4146-19-04 No fees chargeable to interested parties.
Except as provided in rule 4146-17-02 of the Administrative Code, no interested party shall be charged fees of any kind by the review commission or hearing officers.
R. C. 119.032 review dates: 08/14/2008 and 07/03/2013
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 10/01/98
Chapter 4146-21 Appeals Re Eligibility Notice
4146-21-01 Who may appeal in an eligibility notice case.
Any notifying employer as defined in section 4141.28(E)(1) of the Revised Code who has been issued a redetermination in accordance with said section may appeal in person, by counsel, or other authorized representative.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.28
Prior Effective Dates: 12-6-99
4146-21-02 Matters which may be considered.
In a hearing pursuant to an appeal transferred by the administrator from an administrator's determination or redetermination finding that an eligibility notice was not timely and/or properly filed the only issue which will be considered by the review commission or the hearing officer will be whether or not the notifying employer met the requirements for becoming an interested party under the provisions of section 4141.28(E) of the Revised Code.
R.C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.28
Prior Effective Dates: 12-6-99
4146-21-03 What constitutes an appeal in an eligibility notice case.
Any written notice filed with the review commission, with the administrator or one of the administrator's deputies, by a notifying employer in person, or by an authorized representative requesting a review of the administrator's decision or redetermination issued in accordance with section 4141.28(E)(2) of the Revised Code, and transferred to the review commission shall constitute an appeal.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.28
Prior Effective Dates: 12-6-99
4146-21-04 Rights of claimants.
No claimant for unemployment benefits for a week with respect to which an employer has filed an eligibility notice, is an interested party to any proceeding under this rule.
R.C. 119.032 review dates: 07/07/2009 and 07/07/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.28
Prior Effective Dates: 12-6-99
Chapter 4146-23 Appeals Re Decisions or Orders Relative to Contributions, Seasonal Employment, and Benefit Charges
4146-23-01 Who may appeal.
Any employer who claims to be adversely affected by a reconsidered decision or order issued by the administrator with respect to any determination or order affecting 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 employment as seasonal employment and exceptions to charges of benefits to an employer's account. may file an appeal.
RC 119.032 review dates: 7/30/99, 7/30/04
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
4146-23-02 What constitutes an appeal.
Any timely written notice filed with the review commission at 145 South Front Street, P.O. Box 182299 Columbus, Ohio 43218-2299, with the administrator or one of the administrator's deputies, by any employer referred to in rule 4146-23-01 of the Administrative Code, which sets forth the date of the decision on reconsideration or order to which it is directed; the name, address and identification number of the appellant; the name, address and official position of the person signing the appeal; the name, address and social security number of any worker the charging of whose benefits is contested; and a brief statement of the reasons therefor, shall constitute an appeal.
RC 119.032 review dates: 7/30/99, 7/30/04
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
4146-23-03 Notification of filing of appeal.
Written notification of the filing and receipt of the employer's appeal shall be given by the review commission to the interested parties. In the event the appeal is not filed within the thirty day period provided by statute, the review commission shall dismiss the appeal by written decision, with copies thereof mailed to appellant employer and delivered to the administrator.
RC 119.032 review dates: 7/30/99, 7/30/04
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
4146-23-04 Matters which may be considered.
The issues at a hearing shall not be limited to the issue or issues set forth in the employer's appeal, and any other issues included in the administrator's reconsidered decision shall be heard, considered and a decision rendered thereon. If, at the time of filing an appeal, any prior appeal by the same appellant and involving the same or related issues has not been finally determined by the review commission, such prior appeal may, upon notice to the parties, be deemed merged into the latest appeal, and all pending appeals may be disposed of in a single decision.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
4146-23-05 Decision on non-appearance.
If the appellant-employer fails to appear at a scheduled hearing and does not submit good cause for such failure to appear within ten days after the date of hearing, the review commission shall issue a decision based upon the record.
RC 119.032 review dates: 07/07/2009 and 07/07/2014
R.C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
4146-23-06 Reopening of proceedings prior to decision.
At any time after hearing and prior to the issuance of a decision, the review commission may, on its motion, or in its discretion upon showing of good cause, reopen the matter for further hearing. All parties who appeared at the former hearing shall be given written notice of the date, hour and place of such further hearing in the same manner as was the case in the former hearing.
RC 119.032 review dates: 07/07/2009 and 07/07/2014
R.C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12-6-99
Chapter 4146-25 Further Appeals
4146-25-01 Requests for review to review commission.
A request for review to the review commission may be taken by any interested party by filing a request for review from a decision by a hearing officer.
Any written notice stating that the interested party appeals from or desires a review of the decision of the hearing officer on a hearing officer level appeal shall constitute a request for review to the review commission. If the appellant desires to submit additional evidence, the appellant should so state and set forth a brief statement thereof.
R.C. 119.032 review dates: 07/07/2009 and 07/07/2014
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-25-02 Furnishing of hearing officer level hearing record to appealing party when a request for review is filed.
When a request for review has been filed, the appealing party may either obtain a copy of the hearing officer level hearing tape recording or file, at cost, or request to listen to the tape or review the file in an employment service office where the review commission conducts hearings, before the review commission acts upon the request for review, if the request is made in order to supplement a request for review. The hearing tape request should be made at the time the request for review is filed or received by the review commission within ten days of the date the request for review was filed.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-25-03 Disposition of a request for review.
The review commission shall allow or disallow any request for review after an examination and consideration of the entire record, and the request for review.
(A) Disallowance of request for review
If a request for review is disallowed by order of the review commission, a copy of the order, setting forth the date of mailing, shall be mailed to the last known post office address of each interested party, and shall include a statement of statutory appeal rights as required by paragraph (A) of rule 4146-9-01 of the Administrative Code.
(B) Allowance of request for review
If a request for review is allowed by the review commission, notification thereof shall be mailed to the last known post office address of each interested party. In addition to cases where the review commission allows a request for review on its merits, the review commission will allow any timely request for review where the appellee at the hearing officer level hearing, now the appellant, shows good cause for having failed to appear at a hearing officer level hearing on the initial appeal. The commission will also allow a timely request for review whenever a material point is involved on which the record is silent or incomplete or appears to be erroneous, or it appears that there may have been a denial of a fair hearing under these rules of procedure.
(C) Notice of allowed request; response.
(1) Notice that a request for review has been allowed shall be mailed to the last known post office address of each interested party. The notice shall include a copy of the request for review.
(2) Notice that a request for review has been allowed shall advise the appellee that the appellee may respond to the request for review prior to the review commission's disposition of the allowed request for review.
(3) In order to respond to the request for review, the appellee may obtain a copy of the first level hearing tape recording or file at cost, or request to listen to the tape or review the file in a local employment office where the review commission conducts hearings. The request must be filed with the commission within ten days after the mailing date of the notice that a request for review has been allowed.
(4) Any response to a notice of an allowed request for review must be filed with the review commission within:
(a) Ten days of the date of mailing of the notice that a request for review has been allowed or,
(b) Ten days of the date of mailing of the first level hearing tape recording referred to in paragraph (C)(3) of this rule.
(5) Responses are considered to be timely filed when they are received by the review commission, and one of the following occurs:
(a) Receipt is before the close of business on the last day of the filing period;
(b) The response is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or
(c) The response is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.
(d) The response is faxed and received by the commission prior to midnight of the last day of the filing period.
(D) Disposition of an allowed request for review
The review commission may dispose of an allowed request for review by taking one of the following actions:
(1) Without further hearing rewrite the hearing officer's decision, or affirm, modify, or reverse such decision.
(2) Affirm the hearing officer's decision without further hearing or issuing a decision.
(3) Hold further proceedings at review level or assign such to a hearing officer to conduct a hearing for the review commission.
(4) Remand the case to hearing officer level for a further hearing to be held and a new decision to be issued.
(E) Notice of any further proceeding shall be mailed to the last known post office address of each interested party as provided in paragraph (A) of rule 4146-5-04 of the Administrative Code.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
4146-25-04 Disposition of an application for appeal in a labor dispute case.
Upon receipt of an application for appeal from an administrator's hearing officer in a labor dispute case, the review commission shall review the decision of the hearing officer and the full record of the case, including the transcript of the hearing. This review shall be completed within fourteen days after receipt of the administrator's decision or the receipt of the record, whichever is later. After review, the commission shall dispose of the application as follows:
(A) The commission may disallow the application without further hearing. The disallowance is an affirmation of the administrator's decision.
(B) The commission may allow the application and schedule a further hearing.
(C) If the application is allowed and further hearing granted, the commission shall make the administrator's record a part of the commission's record and consider that record in arriving at a decision, affirming, reversing or modifying the administrator's decision.
(D) The review commission shall send a copy of its decision to all interested parties as follows:
(1) Where the application is disallowed, notice shall be mailed within fourteen days after the commission makes the decision to disallow.
(2) Where the application is allowed and a hearing held, a decision shall be mailed within fourteen days after the hearing.
(3) The time limits to review an application or mail a decision may be extended by agreement of all interested parties for cause beyond the control of the commission.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.281
Prior Effective Dates: 5-1-92, 12-6-99
Chapter 4146-27 Rescission, Revision, or Amendment of Rules; Copies; Effective Date
4146-27-01 Rescission, revision, amendment or adoption of rules.
Whenever it appears that changes in agency-level 4146 of the Administrative Code are advisable or necessary, notice setting forth the date, time and place of a public hearing to consider such rescission, revision or amendment of rules, or adoption of new rules, shall be given by news release at least thirty days and no more than forty days prior to the date of such public hearing. Effective July 1, 2000 until April 1, 2001, the commission shall also publish notice of a public hearing to consider rescission, revision or amendment of rules in the register of Ohio. Effective April 1, 2001, the commission shall publish notice of public hearing to consider recission, revision or amendment of rules in the register of Ohio.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.14, R.C. 4141.281
Prior Effective Dates: 12-6-99
4146-27-02 Copies of rules.
The review commission shall cause the rules promulgated under agency-level 4146 of the Administrative Code to be printed from time to time and the review commission shall maintain a supply of such printed copies sufficient to furnish copies to all persons making request therefor. The Ohio bureau of employment services shall distribute from time to time to each of its offices within the state a supply of such copies sufficient to furnish copies to all persons making request therefor.
R. C. 119.032 review dates: 07/22/2004 and 07/22/2009
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06, R.C. 4141.14
Rule Amplifies: R.C. 4141.14, R.C. 4141.15
Prior Effective Dates: 12-6-99