Ohio Administrative Code › Title 4146 - Unemployment Compensation Review Commission › Chapter 4146-13 - Time of Appeal; Withdrawal of Appeal › Section 4146-13-01 - Appeals, applications for appeal and requests for review; beginning of appeal period

Current through all regulations passed and filed through July 1, 2024
An application for appeal to a director's decision under
				division (C) of section
				4141.283 of the Revised Code or
				a request for review from a hearing officer's decision, must be filed not later
				than twenty-one calendar days after a copy of the decision appealed from is
				sent by electronic means or mailed to the
				party.
				Appeals in cases under Chapter 4146-23 of the Administrative Code must be filed
				not later than thirty calendar days after a copy of the decision appealed from
				is sent or mailed to the
				
				party. Notice of appeal, an application for appeal or a request for review to
				the review commission may be either mailed, delivered, or filed through the use
				of a facsimile device or other electronic means.
				If filed by facsimile device or other electronic
				means it must be received by
								 midnight of the last day of the
				appeal period. If notice of appeal, an application for appeal or a request for
				review is mailed, it must be postmarked before midnight of the last day of the
				appeal period; if delivered, it must be received before the closing time of the
				office on the last day of the appeal period. The appeal, application for
				appeal, or request for review, may be filed with the review commission,
				director one of the director's deputies, with an employee of another state or
				federal agency or with an employee of the unemployment commission of Canada,
				charged with the duty of accepting claims. In computing the period of time
				within which an interested party may file an appeal, an application for appeal
				or a request for review, within a limited number of days specified in agency
				4146 of the Administrative Code, such period shall begin at one minute after
				twelve a.m. on the day next following the date on which the decision is
				sent or mailed to the party and shall extend
				for the number of days specified in this paragraph. The time for filing an
				appeal, a request for review or an application for appeal under this rule shall
				be extended as follows:
(A) When the
			 last day of the period of appeal referred to above falls on a Saturday, Sunday,
			 or on a legal holiday, the period shall extend to and include the next day
			 which is not a Saturday, Sunday or a legal holiday.
(B) When an interested party provides
			 certified medical evidence stating that the interested party's physical
			 condition or mental capacity prevented the interested party from filing a
			 appeal or request for review within the appropriate twenty-one day period, the
			 appeal period is extended to twenty-one days after the end of the physical or
			 mental condition and the appeal, or request for review is considered timely
			 filed if filed within that extended period;
(C) When an interested party provides
			 evidence, which evidence may consist of testimony from the interested party,
			 that is sufficient to establish that the party did not actually receive the
			 determination or decision within the applicable appeal period, and the director
			 or the commission finds that the interested party did not actually receive the
			 determination or decision within the applicable appeal period, then the appeal
			 period is extended to twenty-one days after the interested party actually
			 receives the determination or decision.
(D) Date of decision.
The date of 
									sending set forth on the decision being appealed
				shall be sufficient evidence of the date  of the decision was sent or
				mailed.
(E) When
			 appeal, application for appeal or request for review, deemed to be filed.
An appeal, application for appeal or a request for review,
				shall be deemed to be filed with the review commission on the date of receipt,
				where delivered to the director the review commission or to any of the agencies
				or employees designated in this rule, by the party themselves, or the party's
				representative. Filing shall be deemed to be completed on the postmarked date
				appearing on the enclosing envelope where filing is by mail and the appeal or
				request for review is received by the director or review commission. Where
				filing is by facsimile device or other electronic
				means, filing shall be deemed completed when the facsimile
				or other electronic transmission is
				received.
Effective: 8/17/2015
Five Year
				Review (FYR) Dates: 05/27/2015 and
				05/27/2020
Promulgated
				Under: 119.03
Statutory Authority: 4141.06, 4141.14
Rule
				Amplifies: 4141.06, 4141.281
Prior Effective Dates: 1/6/74,
				12/06/1999, 11/17/2013