reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-01 - Roster of neutrals

Current through all regulations passed and filed through July 1, 2024
(A)
			 The board will accept written applications  for individuals to be included on the SERB
			 roster of neutrals. The board may require applicants
			  to provide references, writing samples, and information concerning current
			 employment, relevant experience, and ability to function as a neutral.
			 .
(B) Pursuant to
			 the dispute resolution procedures of section
			  4117.14  of the Revised Code, the
			 board will appoint fact finders and conciliators from the SERB
			 roster of neutrals. For negotiations proceeding under
			 alternate settlement procedures as provided in rule 4117-9-03 of  the Administrative Code, the board will make available, upon written request, lists of neutrals from which the parties may select fact finders, conciliators, or arbitrators.
(C) The board shall establish a
			 maximum rate per day, a maximum limit for actual and necessary expenses, and a
			 maximum charge, if any, for cancellation fees to compensate fact finders and
			 conciliators for their services under the statutory dispute settlement
			 procedures. If a roster member wishes to change his or
			 her fees or expenses, that member shall notify the board in writing at least
			 thirty days prior to the change. Expenses must be documented with
			 receipts. For purposes of this rule only, "day" means any calendar day in which
			 the neutral provides eight hours of service relevant to the assignment. A
			 portion of a day of service shall be compensated at an hourly rate established
			 by the board. Compensable time may include time spent by the neutral
			 preparing for and scheduling hearings. A party who fails to pay a neutral's fee
			 within sixty days of issuance of the neutral's bill must also pay to the
			 neutral a late fee of ten per cent of the neutral's fee that was assessed to
			 that party.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.11(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.14
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 7/1/96, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-02 - Notice to negotiate

Current through all regulations passed and filed through July 1, 2024
(A)
			 Any public employer or exclusive representative desiring to terminate, modify,
			 or reopen an existing collective bargaining agreement or negotiate a successor
			 collective bargaining agreement shall, not less than sixty days prior to the
			 expiration date of the existing collective
			 bargaining agreement, or, if there is no relevant expiration date, not
			 less than sixty days prior to the time of the proposed effective date of the
			 termination, successor agreement, modification, or adjustments resulting from a
			 reopener:
(1) Serve
			 via
			 electronic mail a notice to negotiate
			 stating such desire upon the other party and  the board.
The notice to negotiate shall
				include:
(a)
										 Duration of any current agreement;
(b)
										 Nature of the
			 bargaining (successor agreement, reopener);
(c)
										 The impasse
			 resolution provisions of the current collective bargaining agreement; and
(d)
										 Any
			 mutually agreed-upon dispute settlement procedure that may have been entered
			 into by the parties not included in the previous collective bargaining
			 agreement.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-04 - Mediation

Current through all regulations passed and filed through July 1, 2024
When the statutory procedures of divisions (C)(2) to (C)(6) of
				section  4117.14  of the Revised Code
				apply, mediation shall be conducted in accordance with these terms:
(A) At any time subsequent to the serving and
			 filing of the notice to negotiate pursuant to paragraph (A), (B), or (C) of
			 rule 4117-9-02 of  the Administrative Code, the parties may notify the board of existence of an impasse. Upon receipt
			 via electronic mail of the parties' notification
			 of impasse, the board shall appoint a mediator to assist the parties in the
			 collective bargaining process.
(B)
			 Forty-five days prior to the expiration of the negotiation period, if a
			 mediator has not already been appointed pursuant to paragraph (A) of this rule,
			 the board shall appoint a mediator to assist the parties in the collective
			 bargaining process.
(C) The board
			 may continue mediation at any time, order the parties to engage in collective
			 bargaining until the expiration of the negotiation period, or both.
(D) Upon board appointment, the mediator is
			 available to assist the parties until a settlement is reached in negotiations.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.14
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87, 1/2/05,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-06 - Final offer settlement procedure; conciliation

Current through all regulations passed and filed through July 1, 2024
Members of a police or fire department, members of the state
				highway patrol deputy sheriffs, dispatchers employed by a police or fire or
				sheriff's department or the state highway patrol or civilian dispatchers
				employed by a public employer other than a police, fire, or sheriff's
				department to dispatch police, fire, sheriff's department, or emergency medical
				or rescue personnel and units, an exclusive nurse's unit, employees of the
				state school for the deaf or the state school for the blind, employees of any
				public employee retirement system, correction officers, guards at penal or
				mental institutions, special policemen or policewomen appointed in accordance
				with 
								section 
								5123.13  of the Revised Code,
				psychiatric attendants employed at mental health forensic facilities, or youth
				leaders employed at juvenile correctional facilities, or members of law
				enforcement security force that is established and maintained exclusively by a
				board of county commissioners and whose members are employed by that board are
				prohibited from striking. Unless the parties are subject to a mutually
				agreed-upon dispute settlement procedure in compliance with paragraph (C) of
				rule 4117-9-03 of  the Administrative Code, these conciliation procedures shall apply:
(A) If the parties are unable to reach an
			 agreement within seven days after the publication of the findings and
			 recommendations of the fact-finding panel, then the board shall issue to the
			 parties an order pursuant to division (D)(1) of section
			  4117.14  of the Revised Code
			 requiring the parties to engage in settlement by conciliation by a conciliator
			 selected by the parties in accordance with paragraph (B) of this rule. The
			 board may delegate to the bureau of mediation or the executive director
			 responsibility for ordering conciliation when no substantive issues have been
			 raised and when these conditions have been met:
(1) The fact-finding report was rejected
			 timely by at least one party by a three-fifths majority of the individuals who
			 were eligible to vote;
(2) The vote
			 on the fact-finding report was served timely upon the board and the other
			 party;
(3) Publication of the
			 fact-finding report did occur in which the effective date of publication is
			 stated on the board-issued notice of rejection of the fact-finding report;
			 and
(4) At least seven days have
			 passed since the effective date of publication of the fact-finding report, and
			 the parties have not reached a settlement.
Concurrent with its order, the board shall provide to the
				parties a list of five neutrals from which the conciliator will be
				selected.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-9 - Negotiations › Section 4117-9-07 - Filing of collective bargaining agreement

Current through all regulations passed and filed through July 1, 2024
(A) One executed copy of any collective
			 bargaining agreement accompanied by a completed state
			 employment relations board contract data summary sheet shall be filed
			 via electronic mail with the board by the
			 employer within thirty days of execution.
(B) For the purpose of this rule, the term
			 "collective bargaining agreement" includes contract, memorandum of
			 understanding, extension, amendment, modification, reopener, settlement, or
			 other addendum entered into between an employee organization and employer.
(C) All wage information shall be
			 submitted with the collective bargaining agreement. Any amendments or
			 renegotiation of wage information accompanied by a
			 completed state employment relations board contract data summary sheet
			 shall be filed via electronic mail by the
			 employer upon execution of the amendment or renegotiated provision.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.14
Prior
				Effective Dates: 3/26/84, 6/24/84, 5/18/87,
				10/25/10
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-11 - Challenges to Rebate Procedure; Religious Exemption › Section 4117-11-01 - Challenges to rebate procedure

Current through all regulations passed and filed through July 1, 2024
(A)
			 Any employee organization representing public employees pursuant to Chapter
			 4117. of the Revised Code shall prescribe an internal procedure conforming to
			 federal law to determine a rebate, if any, for nonmembers who are required
			 pursuant to a collective bargaining agreement to pay a fair share fee to the
			 employee organization. The internal rebate procedure shall provide for a rebate
			 of expenditures in support of partisan politics or ideological causes not
			 germane to the work of employee organizations in the realm of collective
			 bargaining. Any employee who has paid to the employee organization a fair share
			 fee may apply to the employee organization for a rebate for such expenditures.
(B) An employee who has applied to
			 an employee organization for a rebate may challenge the employee organization's
			 determination of the rebate within thirty days of the date of the determination
			 by filing a petition with the board. Such petition shall include:
(1) The name of the employee;
(2) The name of the employee organization;
(3) The name of the employer;
(4) The amount of the employee's
			 fair share fee;
(5) A copy of the
			 rebate determination by the employee organization, or, if not available, a
			 statement of the rebate determination including the date of rebate
			 determination and amount of rebate, if any;
(6) A statement of the reasons why the rebate
			 determination was arbitrary and capricious;
(7) Proof of service upon an officer of the
			 employee organization pursuant to paragraph (B) of rule 4117-1-02 of  the Administrative Code.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-01 - Notice of intent to strike

Current through all regulations passed and filed through July 1, 2024
(A) A
			 notice of intent to strike must be filed with the board and received by the
			 employer no later than ten days prior to the anticipated strike date.
(B) The notice shall be in writing
			 and state:
(1) The date and time at which the
			 intended strike will commence;
(2)
			 The name and address of the exclusive representative of any employees who may
			 be involved in the strike;
(3) The
			 name and address of the employer;
(4) The general description of the unit of
			 employees intending to strike;
(5)
			 Whether a collective bargaining agreement covering the employees is or was in
			 effect, and if so, the date of expiration or extensions; and
(6) Proof of service on the employer,
			 pursuant to paragraph (B) of rule 4117-1-02 of  the Administrative Code.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-02 - Request for board determination of unauthorized strike

Current through all regulations passed and filed through July 1, 2024
(A) An employer that believes that its
			 employees are engaging in a strike that is not authorized by Chapter 4117. of
			 the Revised Code may request from the board a determination of whether the
			 strike is authorized.
(B) The
			 request shall be in writing and shall state:
(1) The name and address of the employer;
(2) The name and address of the
			 exclusive representative of any employees involved in a strike;
(3) The name and address of any other
			 employee organization participating in the strike in any manner, if known;
(4) The names and addresses, if
			 known and job classifications or functions of the striking employees;
(5) The date the strike commenced;
(6) The approximate number of
			 employees on strike and the nature of the strike activity involved;
(7) Whether a collective bargaining agreement
			 covering any striking employee is or was in effect, and, if so, the date of
			 expiration or extensions;
(8)
			 Whether written notice of the intent to strike was given by the employee
			 organization or employees and when such notice was given, together with a copy
			 of the notice;
(9) Efforts that
			 have been made to resolve the dispute, including any statutory or alternate
			 dispute resolution procedures followed by the parties;
(10) A brief statement of why the strike is
			 not authorized;
(11) The case
			 numbers of any pending SERB cases relating to issues associated with the
			 strike; and
(12) Proof of service
			 pursuant to paragraph (B) of rule 4117-1-02 of  the Administrative Code on the employee organization or employee organizations representing the striking employees.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-03 - Procedures in determining whether strike is unauthorized

Current through all regulations passed and filed through July 1, 2024
The board shall follow procedures it deems necessary to reach a
				determination as to whether a strike is unauthorized. Such procedures include,
				but are not limited to, investigation, evidential hearings, and oral argument.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-04 - Notice to striking employees

Current through all regulations passed and filed through July 1, 2024
Upon receipt of a determination by the board that a strike is
				not authorized under Chapter 4117. of the Revised Code, the employer shall take
				reasonable steps to notify all striking employees of such determination at
				least one day prior to the imposition of the penalties provided in section
				 4117.23  of the Revised Code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.23
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-05 - Penalties for unauthorized strikes; notice and hearing

Current through all regulations passed and filed through July 1, 2024
(A) If the board determines that the strike
			 is not authorized, then the public employer:
(1) May remove or suspend those employees who
			 one day after notification by the public employer of the board decision that a
			 strike is not authorized continue to engage in the unauthorized strike; and
(2) If the employee is appointed
			 or reappointed, employed, or reemployed, as a public employee, with the same
			 appointing authority, may impose the following conditions:
(a) The employee's compensation shall in no
			 event exceed that received by him or her immediately prior to the time of the
			 violation.
(b) The employee's
			 compensation is not increased until after the expiration of one year from the
			 appointment or reappointment, employment, or reemployment.
(3) Shall deduct from each
			 striking employee's wages, if the board also determines that the public
			 employer did not provoke the strike, the equivalent of two days' wages for each
			 day the employee remains on strike commencing one day after receiving the
			 notice called for in rule 4117-13-03 of  the Administrative Code. The employer shall give the employee credit for wages not paid after that point in time due to the employee's absence from the place of employment
			 because the employee is on strike.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-06 - Request for board determination of a clear and present danger to the public health or safety

Current through all regulations passed and filed through July 1, 2024
(A) When a court of
			 common pleas has issued a temporary restraining order enjoining a strike and
			 has found probable cause to believe that it poses a clear and present danger to
			 the public health or safety, an employer shall file with the board a written
			 request for a determination of whether the strike in fact poses a clear and
			 present danger.
(B) Copies of the
			 temporary restraining order and the motion for temporary restraining order must
			 be attached to the request. The request shall state:
(1) The name and address of the employer;
(2) The name and address of the
			 exclusive representative of any employees involved in the strike;
(3) The name and address of any other
			 employee organization participating in the strike in any manner, if known;
(4) The names and addresses, if
			 known, and job classifications or functions of the striking employees;
(5) The date the strike commenced;
(6) The approximate number of
			 employees on strike and the nature of the strike activity involved;
(7) A brief statement of why the strike poses
			 a clear and present danger to the public health or safety; and
(8) Proof of service pursuant to paragraph
			 (B) of rule 4117-1-02 of  the Administrative Code to the employee organization or employee organizations representing the striking employees.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-13 - Strikes › Section 4117-13-07 - Procedures in determining whether strike creates clear and present danger

Current through all regulations passed and filed through July 1, 2024
(A) Prior to
			 expiration of the temporary restraining order, the board shall determine
			 whether the strike creates a clear and present danger to the health or safety
			 of the public. The board shall follow procedures to reach a determination,
			 including, but not limited to, evidential hearings, oral argument, and
			 investigation. The board shall issue and certify to the appropriate court of
			 common pleas a written summary of its findings and determination.
(B) If the board determines that a strike
			 creates a clear and present danger to the public health or safety and a court
			 has ordered the strike further enjoined, the employer and the employee
			 organization or employee organizations representing the striking employees
			 shall immediately engage in collective bargaining with the assistance of a
			 board-appointed mediator.
(C) The
			 mediator, at his or her discretion, may require that the parties bargain in
			 private.
(D) After forty-five days
			 of collective bargaining, if no agreement has been reached, the mediator may
			 make public a report stating the current positions of the parties and the
			 efforts that have been made for settlement. The report shall include a
			 statement by each party of its position and its offers of settlement.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.16,
				 4117.21
Prior
				Effective Dates: 5/18/87, 1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-15 - Employee Organization Registration, Annual Report › Section 4117-15-01 - Employee organization registration and annual report

Current through all regulations passed and filed through July 1, 2024
(A) Every employee organization that is
			 certified or recognized as a representative of public employees under Chapter
			 4117. of the Revised Code shall within sixty days after certification or
			 recognition, file with the board a registration report on a form prescribed by
			 the board together with two copies of the employee organization's constitution
			 and bylaws. Such filing shall be in conformance with division (A) of section
			  4117.19  of the Revised Code.
(B) By the fifteenth day of the
			 fifth month following the end of the employee organization's fiscal year, every
			 employee organization shall file with the board an annual report. Such filing
			 shall be in conformance with division (B) or (G) of section
			  4117.19  of the Revised Code,
			 whichever is applicable.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.19
Prior
				Effective Dates: 3/26/84, 6/24/84,
				5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-15 - Employee Organization Registration, Annual Report › Section 4117-15-02 - Noncompliance with reporting requirements

Current through all regulations passed and filed through July 1, 2024
(A) A person contending that an employee
			 organization has failed to comply with the reporting requirements of section
			  4117.19  of the Revised Code or
			 rules 4117-17-01 to  4117-17-04 of  the Administrative Code may file with the board a noncompliance complaint. The complaint shall state:
(1) The name of the employee
			 organization and affiliation, if any;
(2) The specific provision of section
			  4117.19  of the Revised Code that
			 is alleged to have been violated;
(3) The name and address of the individual
			 filing the report;
(4) The date
			 upon which the registration report, annual report, supplement, or other
			 information should have been filed; and
(5) If applicable, the portion of the
			 employee organization's constitution or bylaws that is in violation of section
			  4117.19  of the Revised Code.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-15 - Employee Organization Registration, Annual Report › Section 4117-15-03 - Employer annual information report

Current through all regulations passed and filed through July 1, 2024
Each public employer, other than a board of education, shall
				file an annual information report every January. Each board of education shall
				file an annual information report every October. The report shall contain the
				following information:
(A) Name,
			 address, including county, and telephone number of jurisdiction;
(B) Name, address, and telephone number of
			 contact within jurisdiction;
(C)
			 All collective bargaining agreements in effect for the jurisdiction and number
			 of employees in bargaining unit covered by each collective bargaining
			 agreement; and
(D) The effective
			 dates and expiration dates of the collective bargaining agreements.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02
Prior
				Effective Dates: 5/18/87, 7/1/96,
				1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-17 - Trusteeships › Section 4117-17-01 - Establishment of trusteeships; reporting

Current through all regulations passed and filed through July 1, 2024
(A) "Trusteeship" as used in this chapter,
			 means any receivership, trusteeship, or other method of supervision or control
			 used by an employee organization to suspend the autonomy otherwise available to
			 a subordinate employee organization.
(B) An employee organization may establish
			 and administer a trusteeship over a subordinate employee organization only in
			 accordance with procedures set forth in the constitution or bylaws of the
			 administering employee organization.
(C) Any administering employee organization
			 that imposes a trusteeship over any subordinate employee organization shall
			 file with the board, within ten days after the imposition of the trusteeship, a
			 trusteeship report signed by the principal officer of the administering
			 employee organization and the trustees of the subordinate employee
			 organization. This report must state:
(1) The
			 full name and address of the administering employee organization;
(2) The full name and address of the
			 subordinate employee organization that is held in trust;
(3) The name and addresses of the principal
			 officers of the subordinate employee organization who held office at the time
			 the trusteeship was imposed;
(4)
			 The names and addresses of the principal officers of the administering
			 organization;
(5) The provision of
			 the constitution or bylaws that specifically authorizes imposition of the
			 trusteeship;
(6) A statement
			 detailing the reasons for imposition of the trusteeship and any other relevant
			 information;
(7) The date the
			 trusteeship was established;
(8)
			 The nature and extent to which members of the subordinate employee organization
			 participate in government of both the subordinate employee organization and of
			 the administering employee organization; and
(9) A complete account of the financial
			 condition of the subordinate employee organization at the time the trusteeship
			 was imposed.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-17 - Trusteeships › Section 4117-17-02 - Reporting during maintenance of trusteeship

Current through all regulations passed and filed through July 1, 2024
(A) During the continuation of a trusteeship,
			 the administering employee organization shall file on behalf of the subordinate
			 organization the annual report required by section
			  4117.19  of the Revised Code,
			 including the financial statement. Such report shall be signed by the president
			 and treasurer or corresponding principal officers of the administering employee
			 organization and by the trustees of the subordinate employee organization.
(B) During the continuance of a
			 trusteeship, the administering employee organization shall file with the board
			 semi-annual trusteeship reports commencing six months after the filing of the
			 initial report. The report shall include all information required by paragraph
			 (C) of rule 4117-17-01 of  the Administrative Code, plus a statement explaining why the trusteeship is being continued.
(C) During the continuance of a
			 trusteeship, the administering employee organization shall file with the board
			 on behalf of the subordinate employee organization any change in the
			 information set forth in the reports required by this rule or rule 4117-17-01 of  the Administrative Code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.19
Prior
				Effective Dates: 5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-17 - Trusteeships › Section 4117-17-03 - Termination of trusteeship

Current through all regulations passed and filed through July 1, 2024
Within ten days after the termination of a trusteeship, the
				administering employee organization shall file on behalf of the subordinate
				employee organization a final report including:
(A) The method of terminating the
			 trusteeship, such as restoration of autonomy, dissolution, merger, or
			 consolidation, and any other factors that resulted in the termination;
(B) The termination date;
(C) The full name and address of
			 the administering employee organization;
(D) The full name and address of the
			 subordinate organization formerly in trusteeship;
(E) The names and titles of all officers of
			 the subordinate employee organization that was held in trust;
(F) The signatures of the principal officers
			 of the administering employee organization;
(G) The signatures of the principal officers
			 of the employee organization formerly in trusteeship; and
(H) The signatures of all trustees of the
			 employee organization formerly in trusteeship.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.19
Prior
				Effective Dates: 5/18/87, 1/2/05
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-17 - Trusteeships › Section 4117-17-04 - Investigation

Current through all regulations passed and filed through July 1, 2024
Upon request of any person, the board may investigate or hold a
				hearing regarding circumstances of imposition of a trusteeship over a
				subordinate employee organization. If the trusteeship does not meet the
				requirements of this chapter and the applicable constitution or bylaws, the
				board may order compliance or may dissolve the trust. Failure to comply with
				such an order may result in the imposition of penalties set forth in division
				(E) of section  4117.19  of the Revised Code.
Five Year Review (FYR) Dates:
				05/28/2015 and
				05/28/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  4117.02(K)(8)
Rule Amplifies:
				 4117.02,
				 4117.19
Prior
				Effective Dates: 5/18/87
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-25 - Notice; Procedure › Section 4117-25-01 - Notice of meetings and hearings

Current through all regulations passed and filed through July 1, 2024
(A) The time and place of all regularly
			 scheduled meetings or hearings of the board may be obtained by:
(1) Written request sent to the board office;
			 or
(2) Telephoning the state
			 employment relations board.
Ohio Administrative Code › Title 4117 - State Employment Relations Board › Chapter 4117-25 - Notice; Procedure › Section 4117-25-02 - Procedure for adoption of rules

Current through all regulations passed and filed through July 1, 2024
(A) A majority of the members of the board
			 shall concur to adopt, amend, or rescind a rule. Any member of the board may
			 record his or her opposition to a proposed rule or amendment in the resolution
			 adopting such rule, rescission, or amendment.
(B) Prior to commencing the procedures of
			 section  119.03  of the Revised Code for
			 promulgating proposed rules, amendments, or rescissions, the board shall select
			 statewide organizations representing public employers or employees who would be
			 affected by the proposed rule amendment or rescission and provide to them
			 copies of the proposals. The board will invite the organizations to submit
			 written comments.
(C) The board
			 shall file a copy of each proposed rule, amendment, or rescission with the
			 secretary of state, the director of the legislative service commission, and the
			 joint committee on agency rule review, as provided by section
			  119.03  of the Revised Code, at
			 least thirty days prior to the public hearing pursuant to Chapter 119. of the
			 Revised Code on the proposed rule, rescission, or amendment.
(D) Public notice shall be provided at least
			 thirty calendar days prior to the date set for the public hearing pursuant to
			 Chapter 119. of the Revised Code regarding adoption, amendment, or rescission
			 of any rule.
(1) Notices shall be placed in
			 newspapers of general circulation in the cities of Cincinnati, Cleveland,
			 Columbus, and Toledo and shall run for three consecutive calendar days;
(2) Notices shall contain a
			 statement of the board's intention to adopt, amend, or rescind a rule; 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; a statement of the reason or purpose for adopting,
			 amending, or rescinding the rule; and the date, time and place of the hearing;
(3) In all respects, adoption,
			 amendment, or rescission of rules shall be governed by the provisions of
			 section  119.03  of the Revised Code;
(4) The board shall send notices
			 of the hearing to all individuals requesting such notification pursuant to
			 division (K)(8) of section
			  4117.02  of the Revised Code.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-1 - Notice; Meetings › Section 4121-1-01 - Notice procedure for the adoption, amendment or rescission of rules

Current through all regulations passed and filed through July 1, 2024
The procedure of the commission for giving public notice for
				the adoption, amendment, or rescission of any rule pursuant to section
				119.03 of the Revised Code shall
				be as follows.
(A) The commission
			 shall give public notice at least thirty days prior to the date set for the
			 public hearing by publishing such notice in the register of Ohio. Such notice
			 shall include:
(1) A statement of the
			 commission's intention to consider the adoption, amendment, or rescission of a
			 rule;
(2) A synopsis of each
			 proposed rule to be adopted, amended, or rescinded, or a general statement of
			 the subject matter to which a proposed rule, amendment, or rescission
			 relates;
(3) A statement of the
			 reason or purpose for adopting, amending, or rescinding a rule;
(4) A statement listing the offices (with
			 addresses) or website where the full and complete
			 text of a proposed rule to be adopted, amended, or rescinded is
			 
									available for public inspection;
			 and
(5) The date, time and place of the hearing
			 on the proposed action.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-1 - Notice; Meetings › Section 4121-1-02 - Notice of public meetings

Current through all regulations passed and filed through July 1, 2024
(A) All meetings of the industrial commission
			 of Ohio are open to the public at all times, unless the subject matter of the
			 meeting is specifically excepted by law.
(B) The time and place for all regularly
			 scheduled meetings, and the time, place and purpose of all special meetings,
			 including emergency meetings, may be determined by:
(1) Consulting the announcements found on the
			 digital signage located in the lobbies of all industrial commission offices and
			 the industrial commission of Ohio website
www.ic.ohio.gov
; or
(2) A
			 telephone call to office of chief legal counsel
			 at (614) 466-6901 located in the central office in Columbus, Ohio;
			 or
(3) Email to
			 askic@ic.ohio.gov
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-2 - Standards of Practice for Attorneys, Agents, and Representatives of Claimants or Employees › Section 4121-2-01 - Standards of practice for attorneys, agents and representatives of claimants or employers

Current through all regulations passed and filed through July 1, 2024
(A) Reasonable standards for those attorneys,
			 agents and representatives who practice before the bureau of workers'
			 compensation and the industrial commission shall include:
(1) Such attorney, agent or representative
			 shall make themselves
									competent to handle such matters
			 by becoming familiar with the statutes, decisions of the courts, and rules of
			 the bureau and industrial commission relating to workers'
			 compensation.
(2) Shall make
			 adequate preparation before filing an application or appearing at a
			 hearing.
(3) Shall not neglect or
			 procrastinate in regard to any matter in which they
									
									represent a party.
(4) Abide by the rules of the bureau and the
			 commission in appearing for a party or in filing applications.
(5) In general conduct
			 themselves
									 in accordance with the Ohio Rules of Professional Conduct
			 (effective February 1, 2007; as amended effective June
			 17, 2020).
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-2 - Standards of Practice for Attorneys, Agents, and Representatives of Claimants or Employees › Section 4121-2-02 - Suspension from practice

Current through all regulations passed and filed through July 1, 2024
(A) The commission may suspend
			 from practice before the bureau or the commission for such time as the
			 commission determines, or reprimand as the nature of the offense warrants,
			 representatives of claimants or employers who violate any reasonable rules made
			 and promulgated by the commission under authority of law.
(B) Written charges shall be filed by the
			 commission, the administrator of the bureau of workers' compensation, or by a
			 person directly interested in the services of such representative, stating
			 distinctly the grounds of the complaint. A copy of such charges is to be served
			 on the representative, who shall be allowed a reasonable time in which to
			 appear and make a defense, introduce evidence and be heard either in person or
			 by counsel, or both.
(C) In case an
			 order is made by the commission to suspend or reprimand such representative,
			 the representative
								 may appeal on questions of law to the
			 Ohio supreme court, which may affirm or modify such
			 order, or dismiss the complaint. Such appeal
			 shall be filed within forty days after the order of the commission.
(D) The  legal department of the commission shall make the investigations
			 contemplated by section
			 4123.06 of the Revised Code and
			 enforce such section and the rules promulgated by the commission pursuant to
			 such section.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-01 - Office locations, office hours, and scope of rules

Current through all regulations passed and filed through July 1, 2024
(A) Service offices
			 of the industrial commission shall be located in cities as determined by the
			 industrial commission.
(B)
								At the direction of the chairperson,
								
								each
			 office will be open during posted hours of operation, holidays excepted, for
			 the receipt and filing of claim applications or any other documents and for the
			 transaction of any business pertinent to the administration of the workers'
			 compensation law.
(C) All rules
			 shall apply to the bureau and the commission.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-09 - Conduct of hearings before the commission and its staff and district hearing officers

Current through all regulations passed and filed through July 1, 2024
(A) Evidence and discovery.
(1) In every instance the evidence shall be
			 of sufficient quantum and probative value to establish the jurisdiction of the
			 commission to consider the claim and determine the rights of the injured worker
			 to an award. Evidence may be presented by affidavit, deposition, oral
			 testimony, written statement, document, or other forms of evidence.
(a) The parties or their representatives
			 shall provide to each other, as soon as available and prior to hearing, a copy
			 of the evidence the parties intend to submit at a commission
			 proceeding.
(b) In the event a
			 party fails to comply with paragraph (A)(1)(a) of this rule, the hearing
			 officer has the discretion to continue the claim to the end of the hearing
			 docket, or to a future date with instructions to the parties or their
			 representatives to comply with the rule.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-10 - Lump sum payments for attorney's fees for securing an award

Current through all regulations passed and filed through July 1, 2024
(A) An application
			 from an injured worker
								 for lump sum payment for attorney's fees
			 is to contain a certification,  executed
			 by the attorney, listing the services rendered, all fees received prior to the
			 filing of the application for services in obtaining the award under which the
			 advancement to pay the fee is requested, and that the
			 
								injured
			 worker is liable for no further fee with respect to continuing
			 compensation except where a later dispute arises in the claim requiring
			 additional services by the attorney.
(B) The commission may approve, disapprove or
			 modify applications for a lump sum payment to pay such attorney's
			 fees, and may allow the payment of a reasonable fee after review of the
			 application and the supporting evidence. Advancements for attorney's fees shall be limited to an amount determined
			 periodically by the commission.
(C)
			 No lump sum payment for attorney's fees is to be granted from awards of
			 compensation made pursuant to division (A) of section
			 4123.56 or division (B) of
			 4123.56 of the Revised Code. No
			 lump sum payment for attorney's fees is to be granted from awards of
			 compensation made pursuant to division (A) of section
			 4123.57 of the Revised Code as
			 existed prior to the amendment effective August 22, 1986 for claims with dates
			 of injury, or dates of disability in occupational disease claims, prior to
			 August 22, 1986.
(D) If the
			 commission approves or modifies an application for the lump sum payment of
			 attorney's fees in a state fund claim, the claim shall be referred to the
			 administrator to determine the amount of the biweekly rate reduction and to set
			 the repayment schedule for the lump sum payment.
(E)
								 If the
			 commission approves or modifies an application for the lump sum payment of
			 attorney's fees in a self-insuring claim, the self-insuring employer may
			 request assistance from the administrator to determine the amount of the
			 biweekly rate reduction and to set the repayment schedule for the lump sum
			 payment.
Five Year Review (FYR) Dates:
				2/1/2022 and
				02/01/2027
Promulgated
				Under:
				119.03
Statutory Authority:
				4121.30;
				4121.31;
				4121.36
Rule Amplifies:
				4121.36;
				4123.25
Prior Effective Dates: 01/01/1964, 01/10/1978, 12/11/1978,
				11/26/1979, 05/01/2002, 06/01/2008, 12/16/2012,
				02/11/2017
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-12 - Suspension of the processing of claims

Current through all regulations passed and filed through July 1, 2024
When the bureau or the commission orders an injured
				worker or claimant
								 to submit to medical
				examination and the injured worker or claimant
								 refuses to be examined, or in any way obstructs the examination, the
				injured worker's or claimant's
								 claim for compensation and
				benefits shall be suspended during the period of their
								 refusal
				or obstruction.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-15 - Percentage of permanent partial disability

Current through all regulations passed and filed through July 1, 2024
(A) Definitions
(1) For purpose of this rule, both an
			 application for the determination of percentage of permanent partial disability
			 and an application for an increase in the percentage of permanent partial
			 disability will be referred to as an "application."
(2) For purpose of this rule, a substantial
			 disparity means fifteen per cent or more difference.
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-16 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) Form C-86
			 motion or its equivalent shall be used to request action from the bureau or
			 commission.
(B) A motion may be
			 submitted by the claimant or the employer to seek a determination by the bureau
			 or the commission on any matter not otherwise provided for in Chapter 4121-3 of
			 the Administrative Code.
(C) A
			 motion shall fully set forth the question presented together with a succinct
			 statement of the action or relief sought.
(D) A motion shall be accompanied by
			 competent proof conforming to the standard established in paragraph (A)(1) of
			 rule
			 4121-3-09
			 of the Administrative Code.
(E) Except in ex parte matters not affecting the
			 rights of the opposite party, the applicant filing a motion shall mail a copy
			 of the motion to the opposite party and the copy of the motion filed with the
			 bureau or the commission shall indicate that a copy has been so
			 mailed.
(F) A motion shall bear the signature of the applicant
			 or the applicant's authorized representative.
(G) Failure to comply
			 with the provisions of this rule shall be sufficient reason for the dismissal
			 of the motion. A motion signed by a person or entity other than the claimant,
			 his or her representative, the employer, the employer's representative, the
			 administrator, or the administrator's representative shall be
			 dismissed.
(H) Special hearings on motions, where required, shall
			 be in conformity with paragraph (C) of rule
			 4121-3-09
			 of the Administrative Code.
Effective: 6/27/2016
Five Year
				Review (FYR) Dates: 04/06/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.30,
				4121.31
Rule
				Amplifies: 4121.03,
				4121.36
Prior
				Effective Dates:10/17/68, 5/1/01,
				7/1/11
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-17 - Briefs

Current through all regulations passed and filed through July 1, 2024
(A) Parties may, of
			 their own volition, file briefs with the bureau or commission on legal
			 questions presented in claims.
(B)
			 The bureau or commission may require parties to file briefs on legal questions
			 presented in claims. The hearing officer shall fix a time certain for the
			 filing of such briefs allowing a reasonable time for preparation.
(C) In either instance, the submitted briefs
			 shall be legibly typewritten on paper not exceeding
			 eight and one-half inches by eleven inches in size and filed without a
			 protective cover. The party filing a brief shall furnish a copy to the opposite
			 party at the time that the brief is filed with the bureau or the commission. If
			 the brief is directed to a matter before the bureau, the brief shall be filed
			 with the bureau. If the brief is directed to a matter before the commission,
			 the brief shall be filed with the commission.
Five Year Review (FYR) Dates:
				04/05/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.30,
				4121.31
Rule
				Amplifies: 4121.03,
				4121.36
Prior
				Effective Dates: 07/01/11, 5/1/01,
				1/1/64
Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-19 - Form reference

Current through all regulations passed and filed through July 1, 2024
Where reference is made to designated forms in these rules,
				such reference shall be to the form as it exists at the time of the adoption of
				these rules and as such form may be revised in the future.
Five Year Review (FYR) Dates:
				11/09/2016 and
				02/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.30,
				4121.31
Rule
				Amplifies: 4121.36
Prior
				Effective Dates: 1/1/1964