Ohio Administrative Code › Title 4146 - Unemployment Compensation Review Commission › Chapter 4146-25 - Further Appeals › Section 4146-25-03 - Disposition of a request for review

Current through all regulations passed and filed through July 1, 2024
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
				sent by electronic means or mailed to
				 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 of the allowance shall be sent by
				electronic means or mailed to  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 sent by electronic means or
			 mailed to  each interested party.
(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 record and/or file at cost. The request must be filed with the
			 commission within ten days after the  date 
			 the notice that a request for review has been allowed was sent or mailed.
(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
			  the notice that a request for
			 review has been allowed was sent or mailed
			 or,
(b) Ten days of the date
			  the first level hearing
			 record referred to in paragraph (C)(3) of this rule was
			 sent or mailed.
(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
			 
										sent by
			 facsimile device or other electronic means and received by the commission
			 
										by
			 midnight of the last day of the filing period.