reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-05 - Allowance of fringe benefits

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (E)(3) of section
			 4115.03 of the Revised Code,
			 commerce will allow credit for the rate of costs which may be reasonably
			 anticipated in providing fringe benefits to employees pursuant to an
			 enforceable commitment to carry out a financially responsible plan or program
			 of fringe benefits which was communicated in writing to the employees. The plan
			 or program must be set up in such a way that an "enforceable commitment" as
			 defined in these rules exists for the provision of the fringe benefits
			 contemplated thereby. The terms "plan or program" include the various types of
			 arrangements commonly used to provide the benefits contemplated by division
			 (E)(3) of section 4115.03 of the Revised Code. The
			 words "reasonably anticipated" require a plan or program to be able to
			 withstand a test of actuarial soundness. The words "financially responsible"
			 require a plan or program to be bona fide.
(B) Fringe benefits credits shall be presumed
			 to be paid at a rate not to exceed the amount of contributions for fringe
			 benefits set forth in the applicable prevailing wage rate schedule for the
			 locality. In the event that an employer seeks fringe benefit credit which
			 exceeds the amount set forth in the applicable prevailing wage rate schedule,
			 the employer shall provide the department with documentation which supports
			 such excess credit.
(C) Funds,
			 plans, or programs which violate applicable state or federal law will not be
			 recognized for the purposes of determining the allowable credit.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.03, 4115.031
Prior Effective Dates: 2-15-90;
				6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-06 - Calculation of credits

Current through all regulations passed and filed through July 1, 2024
(A) It is the duty of each employer to
			 calculate the amount of credit it seeks for fringe benefits in accordance with
			 Chapter 4101:9-4 of the Administrative Code.
(B) Each employer shall submit a certified
			 payroll report to the prevailing wage coordinator. This report shall include at
			 a minimum the basic hourly rate, calculated hourly rate of fringe benefits
			 credited, all permissible payroll deductions.
(C) The employer shall submit detailed
			 calculations showing the calculations used in determining any of the
			 information contained on the certified payroll report upon request by commerce.
(D) Where the employer provides
			 commerce with substantiating documentation concerning the amount contributed to
			 the fringe benefit and the total number of hours worked by the employee on all
			 projects deemed relevant by the director for the purposes of this calculation,
			 hourly fringe benefit credit shall be calculated by dividing the total
			 contribution of the employer applicable to the employee by the total number of
			 hours worked by the employee.
(E)
			 Where the employer provides commerce with substantiating documentation
			 concerning only the amount contributed to the fringe benefit, hourly fringe
			 benefit credit shall be calculated by dividing the total yearly contribution by
			 2080.
(F) Commerce may reject any
			 credits sought by an employer which are not substantiated by adequate records.
(G) Falsification of any
			 information provided to commerce pursuant to this rule is a violation of
			 section 2921.13 of the Revised Code.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.03, 4115.031, 4115.07
Prior Effective Dates:
				2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-07 - Permissible payroll deductions

Current through all regulations passed and filed through July 1, 2024
(A) The following deductions from wages may
			 be made without application to and approval of commerce:
(1) Any deduction from wages required by
			 federal, state, or local law;
(2)
			 Any deduction of amounts required by court order, process, or judgment to be
			 paid to another unless collusion or collaboration exists between the employer
			 and the employee for whose benefit the deduction is made;
(3) Any deduction which constitutes a
			 contribution by the employee to funds, plans, or programs established by the
			 employer or representatives of employees, or both, for the purpose of providing
			 either from principal or income, or both, medical or hospital care, pensions or
			 annuities on retirement, death benefits, compensation for injuries in addition
			 to that required by Chapters 4121. and 4123. of the Revised Code, compensation
			 for illness, accidents, sickness, or disability, or for insurance to provide
			 any of the foregoing, or unemployment benefits in addition to those required by
			 Chapter 4141. of the Revised Code or vacation pay.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-08 - Computation of overtime compensation

Current through all regulations passed and filed through July 1, 2024
(A) Overtime compensation shall be computed
			 in the manner prescribed by this rule. This rule incorporates the provisions of
			 division (A) of section
			 4111.03 of the Revised Code and
			 sections 207 and 213 of the federal Fair Labor Standards Act,
			 29
			 U.S.C. 207 and
			 29
			 U.S.C. 213.
(B) Subject to the provision noted in
			 paragraph (A) of this rule, an employee shall be paid the prevailing wage for
			 every hour actually worked on any project which requires payment of the
			 prevailing wage. In addition to that amount, for every hour an employee works
			 for an employer on any project which requires payment of the prevailing wage
			 which takes place after the first forty hours worked by the employee for the
			 employer on all projects, he shall be paid the basic hourly rate, as determined
			 by this rule, times one-half.
(C)
			 For the purposes of the calculations required by this rule, the basic hourly
			 rate shall be the basic hourly rate as listed in the applicable prevailing wage
			 rate schedule.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.03, 4115.031
Prior Effective Dates: 2/15/90, 6/23/97
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-09 - Determination of wage rate schedule

Current through all regulations passed and filed through July 1, 2024
(A) The director shall determine the
			 prevailing rate of wages to be paid for a legal day's work to employees upon
			 public works as not less than the collective bargaining rates in the applicable
			 locality under collective bargaining agreements or understandings between
			 employers and bona fide organizations of labor in force at the date the
			 contract for the public work, relating to the trade or occupation, was made and
			 collective bargaining agreements or understandings successor thereto. For
			 certain bond projects where a statute so provides, a nonpublic user beneficiary
			 may pay regular bargaining unit employees covered under a collective bargaining
			 agreement the rate under a collective bargaining agreement in existence prior
			 to the date of the commitment instrument undertaking to issue bonds. The wage
			 rate schedule, including all modifications, corrections, escalations, or
			 reductions, shall be the "fixed rate of wages" as used in sections
			 4115.03 to
			 4115.16 of the Revised Code.
(B) To determine the prevailing
			 rate of wages, the director shall consider the following information:
(1) Signed collective bargaining agreements
			 or understandings between employers and bona fide organizations of labor, in
			 force at the date of the contract for the public improvement;
(2) Signed collective bargaining agreements
			 or understandings which are successor to those mentioned in paragraph (B)(1) of
			 this rule. For purposes of this rule, successor collective bargaining
			 agreements or understandings include collective bargaining agreements or
			 understandings previously in existence but subsequently brought to the
			 attention of the department, and collective bargaining agreements or
			 understandings which come into existence subsequent to an initial request by a
			 public authority for a fixing of the prevailing wage schedule.
(3)
									 The director
			 will not recognize any collective bargaining agreement, contract, or
			 understanding, or successors thereto, between employers and bona fide labor
			 organizations unless submitted by a labor organization which is a party thereto
			 and which is accompanied by an affidavit signed by said organization's
			 authorized representative certifying that such materials are complete, current,
			 and accurate copies of the relevant portions of original documents, including
			 signature pages and all exhibits and appendices included, as required by
			 section 4115.05 of the Revised
			 Code.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-10 - Procedure for requesting wage rate schedules

Current through all regulations passed and filed through July 1, 2024
(A) Every public authority authorized to
			 contract for or construct with its own forces a public improvement, before
			 advertising for bids or undertaking such construction with its own forces,
			 shall have commerce determine the prevailing rate of wages to be paid to
			 laborers, workmen, and mechanics for the class or classes of work called for in
			 the construction of the public improvement. The public authority shall
			 initially request a wage rate schedule under sections
			 4115.03 to
			 4115.16 of the Revised Code by
			 submitting the standard forms, supplied by the director, to the following address:
			 "Ohio Department of Commerce, Division of Industrial
			 Compliance, Bureau of Wage and Hour Administration, 6606 Tussing Rd., P.O. Box
			 4009, Reynoldsburg, OH 43068-9009."
(B) The public authority
			 shall supply the following information to the division on the applicable forms:
(1) A sufficiently detailed description of
			 the work to indicate the type of construction involved, prepared by the
			 designing architect and/or engineer, unless there is no designing architect or
			 engineer in which case the identity of the person providing the description
			 shall be provided.
(2) A
			 sufficiently detailed, itemized breakdown of all expected costs, prepared by
			 the designing architect and/or engineer, unless there is no designing architect
			 or engineer in which case the identity of the person providing the description
			 shall be provided.
(3) The county
			 in which the project is to be constructed.
(4) The estimated time of completion of the
			 project.
(5) The estimated total
			 cost of the project.
(6) The type
			 of funding involved.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-12 - Duty of public authority to appoint prevailing wage coordinator

Current through all regulations passed and filed through July 1, 2024
(A) In addition to
			 the duties delineated in section
			 4115.071 of the Revised Code,
			 duties of the prevailing coordinator shall include:
(1) Reporting any delinquency in the filing
			 of the certified copy of the payroll or related documentation or affidavits to
			 the chief officer of the contracting public authority and the administrator
			 within two weeks of the date such reporting was required; and
(2) Receiving and maintaining from each
			 contractor or subcontractor all forms and/or evidence required pursuant to
			 division 4101:9 of the Administrative Code.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-13 - Duties of contractors

Current through all regulations passed and filed through July 1, 2024
(A) Every contractor and subcontractor on a
			 public improvement project shall:
(1) Under
			 its contract with any public authority or contractor of a public authority,
			 supply the prevailing wage coordinator with all documentation required pursuant
			 to sections 4115.03 to
			 4115.16 of the Revised Code and
			 division-level 4101:9 rules of the Administrative Code. Said contractor shall
			 obtain from either commerce or the public authority sufficient copies of all
			 forms required to assure accurate and timely submission of all reports required
			 by sections 4115.03 to
			 4115.16 of the Revised Code and
			 division-level 4101:9 rules of the Administrative Code.
(2) As soon as it begins performance under
			 its contract with any contracting public authority, supply the prevailing wage
			 coordinator of the contracting public authority with a schedule of the dates
			 during the life of its contract with the public authority on which it is
			 required to pay wages to employees. The schedule of pay dates must not be
			 greater than the time periods required for reporting of payrolls as set forth
			 paragraph (B) of this rule.
(3)
			 Post in a prominent and accessible place on the site of the work a legible
			 statement of the schedule of wage rates specified in the contract for the
			 various occupations of laborers, workmen, and mechanics employed. The notice
			 must remain posted during the life of the contract and must be supplemented in
			 its entirety whenever new wage rate schedules are issued by the department. The
			 schedule must also state the name, address, and phone number of the prevailing
			 wage coordinator.
(4) On the
			 occasion of the first pay date under a contract, issue to each employee not
			 covered by a collective bargaining agreement or understanding between employees
			 and bona fide organizations of labor an individual written notification stating
			 the identity of the prevailing wage coordinator and when the prevailing wage
			 coordinator is appointed. In the event that the contractor is unable to
			 identify the prevailing wage coordinator he shall contact the Ohio department
			 of commerce.
(5) Failure to
			 provide any information, reports, documents or other evidence required by this
			 rule or rules
			 4101:9-4-06
			 and
			 4101:9-4-07
			 of the Administrative Code is a violation of sections
			 4115.05 and
			 4115.071 of the Revised Code.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-14 - Obligation of contracts

Current through all regulations passed and filed through July 1, 2024
(A) No contractor or subcontractor under a
			 contract for a public improvement or public work shall sublet any of the work
			 covered by such contract unless specifically authorized to do so by the
			 contract. If a contractor or subcontractor sublets a contract, it shall notify
			 the public authority at the time the contract is sublet. If a contractor or
			 subcontractor sublets a contract, it shall require the contracting party to pay
			 not less than the prevailing rate of wages, to comply with the reporting and
			 recordkeeping requirements of sections
			 4115.03 to
			 4115.16 of the Revised Code and
			 division-level 4101:9 rules of the Administrative Code and to submit the
			 affidavits required by section
			 4115.07 of the Revised Code.
			 Such contracting party shall not further sublet the contract without requiring
			 its subcontractors to meet the same requirements. Each contract for a public
			 improvement or public work shall contain a provision that all employees shall
			 be paid not less than the applicable prevailing wage.
(B) Every contract for a public improvement
			 project shall contain provisions requiring the successful bidder to be
			 responsible for the payment of the prevailing wages to each individual who
			 worked on the project.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.05, 4115.06, 4115.071
Prior Effective Dates:
				2/15/90, 6/23/97
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-15 - Employees with multiple job functions

Current through all regulations passed and filed through July 1, 2024
(A) As used in sections
			 4115.03 to
			 4115.16 of the Revised Code and
			 division-level 4101:9 rules of the Administrative Code, the occupation called
			 for by the contract is the functional job to be performed, such as "carpenter,"
			 "laborer," or "electrician."
(B)
			 Laborers, workmen, or mechanics performing work in more than one occupation
			 shall be compensated at least at the rate specified for each occupation for the
			 time actually worked therein.
(C)
			 Commerce may use the U.S. department of labor's "Dictionary of Occupational
			 Titles" as a guide in determining occupations.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.04, 4115.05, 4115.07, 4115.08
Prior Effective Dates:
				2/15/90; 6/23/97; 6/3/04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-17 - Scope of project

Current through all regulations passed and filed through July 1, 2024
(A) The construction of a public improvement
			 shall be "fairly estimated to be more than the threshold," based on the
			 prevailing wage rates in the locality at the time the project is to be let out
			 for bidding, whether done at one time or in phases.
(B) Whenever a contract for the construction
			 of a public improvement project exceeding the threshold in value is awarded to
			 a contractor by a public authority, and the contractor begins performance but
			 is unable to complete the project, and it therefore becomes necessary for the
			 public authority to contract with a new contractor to complete the project, any
			 new contractor shall be required to pay the prevailing rates of wages
			 regardless of whether the contract awarded to the succeeding contractor for
			 completing the project is worth less than the threshold.
(C) A public authority may not subdivide a
			 project into component parts or projects of less than the threshold unless such
			 projects under the threshold are conceptually separate and unrelated to each
			 other, or encompass independent and unrelated needs of the public authority.
			 Phases may be considered as separate projects only where the public authority
			 has proposed construction of the project in separate and distinct phases, the
			 proposal to construct in phases is based upon lack of adequate funding
			 necessary to award the contract as a whole, and a period of six months or
			 longer of construction inactivity will occur between each phase. A single
			 project which exceeds the applicable threshold as set forth
			 in this rule shall constitute construction of a public improvement regardless
			 of how many separate contracts are included within the project.
Effective:
				4/30/2012
R.C. 119.032
				review dates: 12/29/2011 and
				03/15/2017
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.03, 4115.10
Prior Effective Dates: 2/15/90; 6/23/97;
				6/3/04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-18 - Construction by public authority with its own employees

Current through all regulations passed and filed through July 1, 2024
A public authority that constructs a public improvement project
				with its own employees shall pay not less than the prevailing rate of wages
				unless:
(A) An employee is a
			 full-time employee who has completed his probationary period in the classified
			 service of the public authority and is performing work consistent with the
			 classified nature of his employment.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.03
Prior Effective Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-20 - Payment

Current through all regulations passed and filed through July 1, 2024
(A) An employer
			 shall not pay or permit any worker to accept wages less than the prevailing
			 rate of wages as determined by the director and evidenced by the prevailing
			 wage rate schedule.
(B) An
			 employer shall provide evidence of proper payment of wages when requested by
			 the director.
(C) An employer
			 shall not, at any time during the project, pay less than the prevailing rate of
			 wages for each day worked, regardless of the rate of pay being paid at any
			 other time.
(D) An employer shall
			 not pay less than the prevailing rate of wages by docking pay, docking time, or
			 deducting pay for any purpose unless provided for in sections
			 4115.03 to
			 4115.16 of the Revised Code or
			 division-level 4101:9 rules of the Administrative Code.
(E) A person shall not, either for himself or
			 any other person, request, demand, or receive, either before or after an
			 employee is engaged, that such employee pay back, return, donate, contribute,
			 or give any part or all of said employee's wages, salary, or thing of value, to
			 any person, upon the statement, representation, or understanding that failure
			 to comply with such request or demand will prevent such employee from procuring
			 or retaining employment. This paragraph does not apply to any agent or
			 representative of a duly constituted labor organization acting in the
			 collection of dues or assessments of such organization as permitted by section
			 4115.10 of the Revised Code and
			 rule
			 4101:9-4-07
			 of the Administrative Code.
(F) No
			 agreement by an employee to waive his right to prevailing wages is valid or
			 will be recognized by the director.
(G) A person shall not keep any record or
			 duplicate of a record with the intent to avoid payment of the prevailing rate
			 of wages or with the intent to mislead any investigation by any governmental
			 authority authorized to enforce sections
			 4115.03 to
			 4115.16 of the Revised Code.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.031, 4115.05, 4115.06, 4115.10
Prior Effective
				Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-21 - Maintenance, preservation, and inspection of payroll records

Current through all regulations passed and filed through July 1, 2024
(A) Each contractor
			 and subcontractor performing work on a public improvement shall keep, maintain
			 for inspection, and preserve accurate payroll records in accordance with these
			 rules. If an employer performs both prevailing wage work and non-prevailing
			 wage work, the records must be capable of being segregated. The employer may
			 segregate such records on an hourly, daily, weekly, work shift, or project
			 basis.
(B) The payroll records
			 required to be kept by this rule shall contain all of the information contained
			 in division (C) of section
			 4115.071 of the Revised Code and
			 a chronological listing of all hours worked on all projects by each employee
			 employed on the public improvement throughout the term of the public
			 improvement.
(C) Any records
			 maintained by contractors and subcontractors concerning wages paid each
			 employee or the number of hours worked by each employee on a public improvement
			 shall be made available for inspection by any authorized representative of the
			 contracting public authority, including the project prevailing wage coordinator
			 and commerce, during normal working hours of business days.
(D) Such payroll records shall be preserved
			 by the affected contractors and subcontractors for a period of at least one
			 year following the completion of the public improvement for which the records
			 were made.
(E) For the purpose of
			 this rule, the word "preserved" means not destroyed and kept within the state
			 of Ohio for one full year following the completion of the public improvement.
			 The one-year time period is tolled upon any request by commerce to inspect such
			 records or proceed with an investigation or litigation.
(F) The contractor or subcontractor shall, upon request, make available to the public
			 authority, prevailing wage coordinator, commerce, or any other person with
			 right of inspection, the address where the records are kept and the name and
			 address of the person responsible for keeping and maintaining them. The
			 contractor or subcontractor shall notify the above parties of any change and
			 the records shall not be relocated without notification to the parties listed
			 above.
(G) Any right of inspection
			 of records required by this rule is in addition to any other rights commerce
			 may have to inspect records.
Effective:
				4/30/2012
R.C. 119.032
				review dates: 12/29/2011 and
				03/15/2017
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.07, 4115.071
Prior Effective Dates: 2/15/90;
				6/23/97; 6/3/04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-23 - Investigation

Current through all regulations passed and filed through July 1, 2024
(A)
								 A complaint may be filed with the director by any
			 employee upon a public improvement or by any interested party. The complaints
			 shall be in writing on a form furnished by the director and delivered to the
			 "Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage
			 and Hour Administration, 6606 Tussing Rd., P.O. Box 4009, Reynoldsburg, OH
			 43068-9009."
(B)
								 The complaint of an employee shall include sufficient
			 evidence to demonstrate that the employee was paid less than the prevailing
			 wage in violation of Chapter 4115. of the Revised Code.
(C)
								 The complaint of
			 an interested party shall include all of the following:
(1)
									 the names and
			 business addresses of any contractors or employers against whom the complaint
			 is made;
(2)
									 specific allegations, along with evidence supporting
			 each allegation, describing each specific act or failure by the named
			 contractors or employers that is claimed to be a violation of Chapter 4115. of
			 the Revised Code. If an allegation is made on the basis of information and
			 belief, the complaint shall state with particularity all facts on which that
			 belief is formed; and
(3)
									 the names and contact information of persons having
			 personal knowledge of the facts alleged.
The director will not accept any
				complaint that fails to allege a specific violation of Chapter 4115. of the
				Revised Code, or that is not supported by sufficient evidence.
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-24 - Hearings

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided in division (B) of section
			 4115.10 of the Revised Code
			 commerce, at the sole discretion of the director, may hold hearings in
			 connection with any investigation. Any hearings held pursuant to section
			 4115.131 of the Revised Code
			 shall be conducted in the manner set forth in section
			 119.12 of the Revised Code.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.10, 4115.13, 4115.131, 4115.132, 4115.15,
				4115.16
Prior Effective Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-25 - Procedure for hearings

Current through all regulations passed and filed through July 1, 2024
In the event hearings are held:
(A) The hearing shall be held in the county
			 in which the violation is alleged to have occurred or in Franklin county or in
			 the county which is the situs of the project.
(B) Notice shall be given to the employer,
			 the public authority, and all interested parties.
(C) The director or the director's designee
			 shall conduct the hearing, and shall issue a decision.
(D) The director shall send a copy to each
			 interested party.
(E) To the
			 extent no procedure is provided and to the extent not inconsistent, the
			 procedure of chapter 119. of the revised code shall be used.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.13
Prior Effective Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-26 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) In any
			 investigation, the director or director's designee, may administer oaths, take
			 and cause to be taken depositions of witnesses, issue subpoenas, and compel the
			 attendance of witnesses and the production of documents and testimony.
			 Subpoenas, including subpoenas duces tecum, may be issued for sworn statements,
			 depositions and hearings. In addition, subpoenas may be issued in connection
			 with a general investigatory request for production of documents. Subpoenas
			 shall be issued according to the requirements of this rule.
(B) Subpoenas, including subpoenas duces
			 tecum, which are issued for an administrative hearing shall be issued upon
			 request of any party to said hearing or upon commerce's own initiative.
			 Subpoenas, including subpoenas duces tecum, issued for such a hearing shall be
			 issued by commerce in the manner required by section
			 119.09 of the Revised Code.
(C) Subpoenas, including subpoenas
			 duces tecum, which are issued for a deposition sought in connection with an
			 administrative hearing shall be issued upon request of any party to said
			 hearing or upon the department's own initiative. Said subpoenas shall be issued
			 by the department in that manner required by section
			 119.09 of the Revised Code.
(D) Subpoenas for a general
			 investigatory request for production of documents may be issued by the director
			 or the director's designee upon their own initiative. The director or the
			 director's designee shall mail the subpoenas by certified mail, return receipt
			 requested, not less than ten calendar days in advance of any date for
			 compliance specified in such subpoena.
(E) Upon motion and for good cause shown, any
			 subpoena issued pursuant to this rule may be quashed by the director. Motions
			 to quash shall be in writing and shall be submitted prior to the sworn
			 statement, deposition, hearing, or date of compliance specified in the general
			 investigatory request for production of documents.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.132
Prior Effective Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-27 - Satisfaction of claim

Current through all regulations passed and filed through July 1, 2024
(A)
								 To satisfy a
			 claim, the employer shall submit payment to commerce. Payments to be made to
			 commerce in satisfaction of any claim shall be made out to "the Ohio department
			 of commerce in trust for" the named employee. The employer should withhold all
			 applicable federal, state and local taxes and any other deductions required by
			 law. Proof of such deduction shall be sent with each check. Installment
			 payments shall not be made without the approval of the director and must be
			 accompanied by sufficient guarantees for full payment. Each installment must
			 provide separate checks in pro rata amounts for each employee owed.
(B)
								 If an
			 employer's underpayment to an employee is less than one thousand dollars as
			 determined by the director, then such employer is not subject to any further
			 proceedings under sections
			 4115.03 to
			 4115.16 of the Revised Code so
			 long as such employer makes full restitution to the affected employee for all
			 wages determined to be owed. Such restitution must take place within a
			 reasonable period of time following publication of the determination made by
			 the director.
Effective:
				4/30/2012
R.C. 119.032
				review dates: 12/29/2011 and
				03/15/2017
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.10
Prior Effective Dates: 2/15/90, 6/23/97, 6/3/04
Ohio Administrative Code › Title 4101:9 - Wage and Hour › Chapter 4101:9-4 - Prevailing Wage Regulations › Section 4101:9-4-28 - Stop work orders

Current through all regulations passed and filed through July 1, 2024
Where an investigation by commerce discloses a failure to pay
				the prevailing rate of wages on an ongoing project, commerce may propose to
				issue an order halting work. Notice shall be given to the contractor or
				subcontractor and the sureties thereof. The notice may be issued by commerce
				stating therein the date for the hearing required by these rules and according
				to the procedure thereof. The notice may also be issued by the contracting
				public authority with a request to commerce to set such hearing. After the
				hearing as provided herein, commerce may order work halted under that part of
				the contract for which less than the prevailing wage has been paid. The order
				shall remain in force and effect until the defaulting contractor has filed a
				bond in the amount of such penal sum as commerce shall set conditioned upon
				payment of the prevailing rate of wages.
R.C. 119.032 review dates:
				12/28/2011 and
				12/28/2016
Promulgated
				Under: 119.03
Statutory Authority: 4115.12
Rule
				Amplifies: 4115.10, 4115.13, 4115.131, 4115.15
Prior Effective
				Dates: 2-15-90; 6-23-97; 6-3-04
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-01 - Official address of the board of building appeals

Current through all regulations passed and filed through July 1, 2024
The board of building appeals shall maintain its official
				office in the department of commerce, division of industrial compliance, at its
				official address.
Five Year Review (FYR) Dates:
				10/14/2015 and
				10/14/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  3781.19
Rule
				Amplifies:  3781.031,
				 3781.19
Prior
				Effective Dates: 12/29/78, 3/1/96,
				9/1/00
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-02 - Quorum

Current through all regulations passed and filed through July 1, 2024
A majority of the members of the board of building appeals
				constitutes a quorum to transact business, and any vacancy shall not impair the
				right of the remaining members to exercise all of the powers of the board so
				long as a majority remains.
Five Year Review (FYR) Dates:
				10/14/2015 and
				10/14/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  3781.19
Rule
				Amplifies:  3781.19
Prior
				Effective Dates: 12/29/78, 9/1/00
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-04 - Appeals from orders enforcing the Ohio building code, the Ohio elevator code, the Ohio boiler pressure and vessel code, and the Ohio fire code

Current through all regulations passed and filed through July 1, 2024
Every notice of appeal must be filed by the aggrieved party
				within thirty days of the mailing date of the adjudication order or thirty days
				from the receiving date of a citation issued pursuant to section  3737.41  or
				 3737.42  of the Revised Code. The notice of appealmust
				be legible and include the
				following information:
(A) The name
			 and address of the applicant or appellant;
(B) The name of the officer or body issuing
			 the adjudication order or citation that is being
			 appealed;
(C)
								A copy of the adjudication order or citation that is
			 being appealed; and
(D) The reason for the
			 appeal, the relief sought, and any supporting
			 documents or other pertinent information.
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-05 - Motions, applications, and requests

Current through all regulations passed and filed through July 1, 2024
After the docketing of an appeal, and at any time prior to its
				final adjudication, any motion, application, or request addressed to the board
				of building appeals in such proceeding must be submitted in writing. When any
				such motion, application, or request draws in question any fact not apparent
				from the original papers, transcript, or record, such motion, application, or
				request must be accompanied by a memorandum displaying such fact.
Five Year Review (FYR) Dates:
				10/14/2015 and
				10/14/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  3781.19
Rule
				Amplifies:  3781.19
Prior
				Effective Dates: 12/29/78, 9/1/00
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-08 - Continuances

Current through all regulations passed and filed through July 1, 2024
Continuances and adjournments may be ordered by the board on
				its own motion or may be granted by it on
				motion or application of either party filed in writing and showing good and
				sufficient cause therefor. Any such motion must be directed to the board and
				may be acted upon by the board or by the executive secretary of the
				board.
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-10 - Stipulations

Current through all regulations passed and filed through July 1, 2024
The parties may, by stipulation,  agree
				on any facts involved in the proceedings by filing a
				written stipulation with the board or by orally presenting such stipulation at
				the hearing, but the board may thereafter require development of any fact
				necessary to a proper determination of a controversy.
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-11 - Exhibits

Current through all regulations passed and filed through July 1, 2024
The parties may present any exhibits deemed necessary as part
				of their testimony.
Five Year Review (FYR) Dates:
				10/14/2015 and
				10/14/2020
Promulgated
				Under:  119.03
Statutory
				Authority:  3781.19
Rule
				Amplifies:  3781.19
Prior
				Effective Dates: 12/29/78, 9/1/00
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-12 - Procedure for notice of public meetings

Current through all regulations passed and filed through July 1, 2024
(A) The
			 board of building appeals shall give notice of all public meetings as provided
			 for in division (F) of section  121.22  of the Revised Code.
(B) This notice shall be filed with the
			 superintendent of the department of commerce, division of industrial
			 compliance, stating the time, place, and purpose of each regularly scheduled
			 meeting and the time, place, and purpose of each special meeting called by the
			 board of building appeals. The time and place of all regularly scheduled
			 meetings, and the time, place, and purpose of all special meetings shall be
			 published by the board on its website.
(C) Any person may
			 obtain advance notification of all meetings at which any specific type of
			 public business is to be discussed or may request to be placed upon a general
			 subscription mailing list. The executive secretary of the board of building
			 appeals shall maintain a list of all persons who have requested such
			 notification. Such notice shall be mailed no later than seven calendar days
			 prior to the day of the meeting.
(D) The board of building appeals, through
			 the department of commerce, shall maintain a list of news media
			 that
			 have requested in writing to be given advance notice of all public meetings.
			 This advance notice shall be given at least seven days prior to the public
			 meeting. In the event of a special meeting by the board, the news media shall
			 be given at least twenty-four hours advance notice. If there is an emergency,
			 the board shall give the news media who have requested it immediate
			 notification.
Ohio Administrative Code › Title 4101:13 - Board of Building Appeals › Chapter 4101:13-1 - Board of Building Appeals › Section 4101:13-1-13 - Fees for filing and processing of appeals

Current through all regulations passed and filed through July 1, 2024
(A) An
			 administrative fee of two hundred dollars shall be charged for the filing and
			 processing of all appeals on adjudication orders and citations issued pursuant
			 to Chapters 3781., 3791., and sections  3737.41,  3737.42,  4104.02,  4104.06,
			  4104.43,  4104.44,  4104.45,  4105.011, and  4105.11  of the Revised Code.
(B) The board,
			 at its own discretion, may waive the
			 administrative fee and order a refund.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-01 - Introduction

Current through all regulations passed and filed through July 1, 2024
(A) The ski tramway
			 board adopts the safety requirements for passenger tramways as stated in
			 American National Standard Institute
			 ("ANSI")
								
			 B  77.1  -2017, "American National Standards for Passenger Ropeways -
			 Aerial Tramways, Aerial Lifts, Surface Lifts, Tows and Conveyors -Safety
			 Requirements," hereinafter referred to as "ANSI B  77.1  -2017,
								 and
			 is
			 incorporated as if set out at length herein,
			 including attendant  appendices,
								annexes,
								 indexes, and 
			 tables.
(B) Any questions pertaining to the
			 ski tramway board, Chapter 4169. of the Revised Code,
			  or Chapter 4101:14 of the Administrative Code
			 should be addressed to:
"Ski Tramway Board
Division of Industrial Compliance
P.O. Box 4009
Reynoldsburg, Ohio 43068-9009"
(C)
								As used in
			 Chapter 4101:14 of the Administrative Code, "board" shall mean the ski tramway
			 board in the division of industrial compliance in the Ohio department of
			 commerce.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-02 - Scope of rules and regulations

Current through all regulations passed and filed through July 1, 2024
All new installations and modifications of existing passenger
				tramways shall meet the safety requirements for passenger tramways stated in
				 ANSI B  77.1  -2017.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-03 - New installations and modifications of existing passenger tramways

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
(1) A "new
			 installation" is a passenger tramway, as that term is defined in division (F)
			 of section   4169.01   of the Revised Code, which is or is to be installed at a ski
			 area in this state subsequent to July 1, 1985.
(2) A "modification of an existing passenger
			 tramway" is any change, alteration, addition, reinstallation, or other modification to any passenger tramway, as
			 that term is defined in division (F) of section   4169.01   of the Revised Code,
			 other than ordinary repairs or replacements in equipment.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-04 - Acceptance tests

Current through all regulations passed and filed through July 1, 2024
All new passenger tramway installations and modifications of
				existing passenger tramways shall be thoroughly inspected and tested before the
				system is put into operation for the public. Load test reports for aerial
				passenger tramways or chair lifts shall be retained by the ski area operator
				for review by the ski tramway board or its inspector. The inspection and test
				shall include those items outlined in ANSI
				B  77.1  -2017.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-05 - Registration and inspections

Current through all regulations passed and filed through July 1, 2024
(A)
			 Registration.
(1) Before any
			 passenger tramway may be operated for the public, the ski
			 area operator shall submit an "Application for
			 Registration of Passenger Tramways" to the ski tramway board. The application
			 shall be submitted on a prepared form provided by the board
			  and shall provide such technical
			 information as the board may require.
(2) Upon receipt of the completed application
			 and designated fees, the board shall issue a "Certificate of Registration." The
			 "Certificate of Registration" shall be valid from the date of registration
			 until the thirtieth day of September next ensuing.
(3) No passenger tramway shall operate for
			 public use without a valid, current "Certificate of Registration."
(4) The ski area operator shall post, in a
			 conspicuous place, the "Certificate of Registration" at all times when
			 operating passenger tramways.
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-06 - Fees

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 application for registration or annual renewal of registration shall be
			 accompanied by the fees provided for in section
			  4169.03 
			 of the Revised Code.
(B) When an
			 operator operates a passenger tramway during both a summer and winter season,
			 the annual fees shall be as provided in section
			  4169.03 
			 of the Revised Code.
R.C.
				119.032 review dates:
				08/22/2014 and
				08/22/2019
Promulgated
				Under:
				119.03
Statutory Authority:
				4169.02(B)
Rule Amplifies:
				4169.03
Prior Effective Dates: 12/1/86,
				10/5/98
Ohio Administrative Code › Title 4101:14 - Ski Tramway Board › Chapter 4101:14-1 - General Provisions › Section 4101:14-1-07 - Mechanical operation and maintenance

Current through all regulations passed and filed through July 1, 2024
(A)
			 Mechanical operation
All passenger tramways shall be operated within the design
				limits specified by the manufacturer and
				the standards set forth in ANSI
				B  77.1  -2017.
									 No passenger tramway shall be in service
				unless all devices that affect the control of the passenger tramway
				itself are operational and in compliance with ANSI B  77.1  -2017,
									
				including auxiliary drive systems.
(B) Maintenance.
The maintenance record requirements provided in
				sections 2.3.5.3, 3.3.5.3, 4.3.5.3, 5.3.5.3, 6.3.5.3,
				and7.3.5.2 of
									ANSI B  77.1  -2017
									
				apply to all operators subject to these regulations. The inspector may, upon
				request by the board, review such records upon ten days notice during business
				hours (nine a.m. to five p.m. weekdays).