reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-5 - Contents of Appeals; Removal, Reduction, or Suspension Without a Section 124.34 Order › Section 124-5-01 - Filing and contents of appeals

Current through all regulations passed and filed through July 1, 2024
(A) An appeal is filed when it is
			 received in writing and time stamped by the office of the state
			 personnel board of review or when it is received by
			 electronic transmission of information to the designated email address of the
			 board or the board's fax equipment. Any appeal received after five p.m.
			 on a business day, or received at any time on a non-business day,
			  shall be
			 considered to be filed on the next business day . The date and time of receipt
			 
								of an
			 appeal filed electronically is the time stamp provided by the state personnel
			 board of review's email system or fax equipment; the time stamp provided by any
			 other computer system or equipment shall not alter the time of
			 receipt.
(B) Notices of
			 appeal shall include the following information:
(1) The appellant's name,
			 mailing address, email
			 address, if applicable, and telephone number; and
(2) The name, mailing address, and telephone number of the
			 appointing authority; and
(3) A
			 description or summary of the action which is being appealed.
(4)
									 An appeal filed
			 electronically shall contain an electronic signature or an /s/ notation
			 followed by the name of the filer.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-5 - Contents of Appeals; Removal, Reduction, or Suspension Without a Section 124.34 Order › Section 124-5-02 - Removals, reductions and suspensions without an order

Current through all regulations passed and filed through July 1, 2024
If an employee alleges that a
				reduction, removal or suspension 
								has occurred and no "section
				124.34 order" has been
				served on the employee, then the
				employee shall prove, by a preponderance of the evidence, that the reduction,
				removal or suspension occurred.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.34,
				124.341,
				4167.13
Prior
				Effective Dates: 7/1/79, 3/1/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-7 - Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations › Section 124-7-01 - Job abolishments and layoffs

Current through all regulations passed and filed through July 1, 2024
(A) Job abolishments and layoffs shall be
			 disaffirmed if the action was taken in bad faith. The employee must prove the
			 appointing authority's bad faith by a preponderance of the evidence.
(1) The appointing authority shall
			 demonstrate by a preponderance of the evidence that a job abolishment was
			 undertaken due to a lack of a continuing need for the position based on: a
			 reorganization for the efficient operation of the appointing authority; reasons
			 of economy; or a lack of work expected to last one year or longer; or any combination thereof.
(2) The appointing authority shall
			 demonstrate by a preponderance of the evidence that a layoff was undertaken due
			 to a temporary lack of work or lack of funds expected to last less than one
			 year.
(3) Layoffs and abolishments
			 may only be affirmed if the appointing authority has substantially complied
			 with procedural requirements set forth in section
			 124.321 of the Revised Code, et
			 seq., and the administrative rules promulgated pursuant to these
			 statutes.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-7 - Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations › Section 124-7-02 - Reclassification and reassignments

Current through all regulations passed and filed through July 1, 2024
(A) An employee shall not be reduced by
			 reassignment. An employee is reduced if reassigned to a classification assigned
			 a lower pay range.
(B) The
			 decision of the director of administrative services or the director's
			 authorized designee, to reclassify a position or to retain a current
			 classification, may be appealed by either the appointing authority of the
			 affected employee or by the employee.
(C) An employee returning to his or her
			 regular position from a temporary work level has not been reassigned, reduced,
			 or reclassified.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.01,
				124.03,
				124.14
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-7 - Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations › Section 124-7-03 - Procedure in reclassification appeals

Current through all regulations passed and filed through July 1, 2024
(A) The parties in appeals of
			 reclassifications are the employee in the position to be reclassified, the
			 employee's appointing authority, and the authority which conducted the position
			 audit.
(B) The board shall conduct
			 a fact-finding hearing to determine the duties performed by the employee in the
			 audited position. The witnesses shall be limited to the audited employee, his
			 immediate supervisor, and the designee of the authority who conducted the
			 position audit, unless the board determines that there is substantial disparity
			 in their testimony or other reason to believe their testimony is inaccurate.
			 Examination of the witnesses shall be conducted by the board, subject to
			 further limited examination by the parties.
(C) The provisions of paragraph (C) of rule
			 124-11-05 of the
			 Administrative Code shall not apply in reclassification hearings.
(D) The board shall compare the duties
			 performed by the audited employee to the appropriate specifications and
			 determine which classification most appropriately describes the duties
			 performed by the employee.
(E)
			 Evidence of disparity in the classification of co-workers is not admissible.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14
Prior
				Effective Dates: 7/1/79, 3/3/86,
				3/1/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-7 - Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations › Section 124-7-04 - Determination of unclassified status

Current through all regulations passed and filed through July 1, 2024
When an employee has been adversely affected as an unclassified
				employee, the burden of proving the unclassified status of the employee is on
				the appointing authority. The board will take evidence of the employee's duties
				over a reasonable period of time, which is generally defined as at least two
				calendar years immediately prior to the adverse action, provided that the
				employee was in an active work status during that time period.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03, 124, 34
Prior Effective Dates: 2/14/86, 3/1/93,
				3/28/98
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-7 - Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations › Section 124-7-05 - Investigations

Current through all regulations passed and filed through July 1, 2024
(A) Investigations
			 shall be conducted by an exchange of correspondence between the board and the
			 parties. Unless a party can show good cause for its failure to respond,
			 decisions will be based on the information received within the response time
			 allowed. In the board's discretion, investigations may be set for hearing.
(B) Prior to recommending removal
			 of persons pursuant to section
			 124.40 or
			 124.56 of the Revised Code, the
			 board may, as an alternative to removal, order the correction of a violation of
			 Chapter 124. of the Revised Code, or of the rules of the Administrative Code.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.40,
				124.56
Prior
				Effective Dates: 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-01 - Rules of evidence

Current through all regulations passed and filed through July 1, 2024
The rules of evidence prevailing in civil actions in Ohio
				courts of general jurisdiction are adopted for use in hearings before the
				board, except as modified by these rules.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-02 - Hearsay

Current through all regulations passed and filed through July 1, 2024
The board may permit the introduction of evidence otherwise
				excludable as hearsay. A foundation, establishing both the reliability of the
				testimony and its necessity, shall be laid before hearsay may be admitted.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.328,
				124.34,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-03 - Cumulative testimony

Current through all regulations passed and filed through July 1, 2024
The board may limit cumulative testimony.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.34,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-04 - Prior discipline

Current through all regulations passed and filed through July 1, 2024
(A) Evidence of prior discipline is
			 inadmissible to prove the existence of any incident alleged in a "section
			 124.34 order."
(B) For purposes of this rule, prior
			 discipline consists only of those written reprimands, fines, suspensions,
			 reductions, or removals contained in the employee's personnel file.
(C) The board may admit evidence of prior
			 discipline if it is offered to prove either:
(1) Notice to an employee that particular
			 conduct is unacceptable; or
(2) A
			 continuing problem justifying harsher discipline than might otherwise have been
			 imposed.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-05 - Questionnaires

Current through all regulations passed and filed through July 1, 2024
(A) At any time
			 prior to a hearing, the board may order evidence taken in the form of
			 questionnaires.
(B) The board may
			 require questionnaires to be submitted at a hearing or
			 
								filed prior to the hearing.
(1) Questionnaires shall be treated as
			 admissions and may be completed with the advice of a party's
			 representative.
(2) All
			 questionnaires shall bear the oath or affirmation of the party completing
			 them.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-06 - Stipulations

Current through all regulations passed and filed through July 1, 2024
Stipulations may be accepted by the board only when both
				parties consent to the stipulation.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-07 - Witnesses

Current through all regulations passed and filed through July 1, 2024
(A) All witnesses
			 at any hearing before the board shall testify under oath or affirmation.
(B) A witness may be accompanied
			 and advised by legal counsel. Participation by counsel is limited to protection
			 of his client's rights. Counsel for a non-party witness may neither examine nor
			 cross-examine any witness.
(C)
			 Should a witness refuse to answer a question ruled proper at a hearing or
			 disobey a subpoena, the board may initiate contempt proceedings.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-08 - Conviction of a crime

Current through all regulations passed and filed through July 1, 2024
(A) Conviction of any crime in a court of
			 competent jurisdiction is conclusive evidence of the existence of all of the
			 elements of that crime. Conviction of any crime is not conclusive evidence that
			 disciplinary action based upon the conviction is appropriate. The appointing
			 authority shall prove the existence of one or more of the grounds set forth in
			 section 124.34 of the Revised Code as
			 the basis for disciplinary action.
(B) A conviction can be established only
			 through certified copies of the original journal entry from the court in which
			 the conviction was obtained.
(C)
			 Evidence of conviction of a crime is inadmissible unless a connection is
			 established between the crime and the particulars alleged in a disciplinary
			 order.
(D) Indictment for or
			 allegation of a criminal offense does not establish a statutory basis for
			 discipline under section
			 124.34 of the Revised Code.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.34
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-09 - Best evidence

Current through all regulations passed and filed through July 1, 2024
A duplicate may be admitted to prove the content of a document,
				recording, or photograph unless:
(A)
			 A genuine question is raised as to the authenticity of the original; or
(B) The board determines it would
			 be unfair to admit the duplicate in lieu of the original.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-10 - Administrative notice

Current through all regulations passed and filed through July 1, 2024
(A) At any time prior to the issuance of a
			 final order, the board may take notice of the contents of any classification
			 specification filed with the secretary of state.
(B) This rule does not limit the board's
			 authority to take notice at a hearing of any fact, including the contents of
			 any personnel file maintained by the director of administrative services, when
			 it is lawfully empowered to do so under the "Ohio Rules of Evidence."
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-9 - Evidence › Section 124-9-11 - Disparate treatment

Current through all regulations passed and filed through July 1, 2024
(A) The board may hear evidence of disparate
			 treatment between the appellant and other similarly situated employees of the
			 same appointing authority for the purpose of determining whether work rules or
			 administrative policies are being selectively applied by the appointing
			 authority or to determine whether the discipline of similarly situated
			 employees is uniform. Requests for discovery under this rule shall be limited
			 to information relating to specific incidents or persons known to the employee
			 or his representative.
(B)
			 Evidence of disparate treatment will be considered in evaluating the
			 appropriateness of the discipline which was imposed.
(C) Evidence of disparity in the
			 classification of co-workers is not admissible in reclassification appeals.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.34
Prior
				Effective Dates: 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-01 - Denomination of parties

Current through all regulations passed and filed through July 1, 2024
The party filing an appeal is denominated "appellant." All
				other parties are denominated "appellee."
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-02 - Notice of hearings

Current through all regulations passed and filed through July 1, 2024
Scheduling notices shall be 
								sent to the
				parties and their representatives by ordinary United States mail,
								 by state of
				Ohio inter-departmental mail,
								
								or electronically.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-03 - Continuances

Current through all regulations passed and filed through July 1, 2024
(A) Upon its own
			 motion or upon the motion of any party, the board may continue a hearing.
(1) Requests for continuance shall be
			 addressed to the administrative law judge assigned to the appeal or, if the
			 appeal is set before the state personnel board of review, addressed to the
			 
									board's chairperson or principal administrative
			 officer. A request for continuance will not automatically stay the
			 hearing, but must be expressly granted.
(2) Requests for continuance shall be
			 
									filed at least ten calendar days prior to a scheduled
			 hearing date, unless good cause is shown for failing to do so. Exceptions to
			 this rule may be made at the discretion of the board. If a party requests a
			 continuance less than ten calendar days prior to hearing, then that party shall
			 inform the board of the opposing party's consent or opposition to the
			 continuance request.
(3) Each party
			 shall contact its subpoenaed witnesses and inform them of the continuance.
			 Failure to notify the opposing party or opposing party's counsel of a
			 continuance which has been granted may be treated as a failure to appear by the
			 party requesting the continuance if the opposing side appears for the
			 hearing.
(4) The board will not
			 re-issue subpoenas when a hearing has been continued unless
			 
									the party requesting subpoenas files a timely
			 request to do so .
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-04 - Consolidations

Current through all regulations passed and filed through July 1, 2024
If two or more appeals involve substantially identical issues
				of fact and law, the board may consolidate them into a single hearing upon its
				own motion or upon the motion of either party.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-05 - Appearances

Current through all regulations passed and filed through July 1, 2024
(A) Any person,
			 unless prohibited by law, may represent himself or herself.
(B) Any party who has a statutory
			 representative must be represented by 
								that representative, unless
			 the party 
								files written authorization from the statutory
			 representative authorizing other representation.
(C) Provided a party has not been subpoenaed
			 and has authorized his or her representative to represent him or her in all
			 facets of a hearing before the board, that party is not required to appear
			 personally at the hearing.
(D)
			 Representatives shall 
								file a notice of appearance with the
			 board.
(E) One who has
			 
								filed a notice of appearance as the
			 representative of a party is that party's representative of record unless and
			 until a 
								notice of withdrawal is filed with the state personnel
			 board of review.
(F) If more than
			 one person 
								files a notice of appearance as a party's
			 representative, communications shall be sent as follows:
(1) If one of the representatives
			 
									who has
			 filed a notice of appearance has been designated, in writing, to receive
			 communications from the board, all communications shall be sent to that
			 representative.
(2) If no
			 representative has been designated to receive communications from the board,
			 all communications shall be sent to the representative who last
			 
									filed a
			 notice of appearance.
(3) If
			 it is impossible to determine who last 
									filed a notice of appearance, all
			 communications shall be sent to the representative whose name is first in
			 alphabetical order.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-06 - Substitution of parties

Current through all regulations passed and filed through July 1, 2024
(A) If an appellant dies during the pendency
			 of an appeal, the executor or administrator of his estate shall, upon motion,
			 be substituted for him. An appeal shall be held open for a reasonable time to
			 permit this substitution.
(B) If
			 the appointing authority changes during the pendency of an appeal, the new
			 appointing authority is automatically substituted without formal motion or
			 order.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-07 - Motions

Current through all regulations passed and filed through July 1, 2024
(A) All motions
			 shall state, with particularity, both the relief sought and the basis for such
			 relief.
(1) All motions, and any supporting
			 documentation shall be served on the opposing party.
(2) Motions to dismiss an appeal shall be
			 supported by affidavits, made on personal knowledge, setting forth facts as
			 would be admissible in evidence. Affidavits shall show affirmatively that the
			 affiant is competent to testify to the matters stated therein. Sworn or
			 certified copies of all papers referred to in an affidavit shall be attached
			 thereto. When a motion is made and supported as provided in this rule, an
			 adverse party may not rest upon mere allegations or denials. An adverse party's
			 response, by affidavit or otherwise, shall set forth specific facts showing
			 there is a genuine issue in dispute.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-08 - Briefs

Current through all regulations passed and filed through July 1, 2024
(A) At any time
			 prior to the issuance of a final order, the board may require briefs from the
			 parties. Briefs shall address questions put to the parties by the board and
			 shall be filed within the time limits set by the board.
(1) The board may limit both the number of
			 reply briefs and the time for their preparation and filing.
(2) If a party fails to
			 
									file a
			 brief within the time limit, the board may exclude 
									the party's brief
			 from its consideration.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-09 - Filing

Current through all regulations passed and filed through July 1, 2024
(A) A document is
			 filed when it is received in
			 writing and time stamped by the office of
			 the state personnel board of review or when it is
			 received by electronic transmission of information to the designated email
			 address of the board or the board's fax equipment. Any document received
			 after five p.m. on a business day, or received at any time on a non-business
			 day,  shall
			 be considered to be filed on the next business day . The date and time
			 of receipt 
								of a document filed electronically is the time stamp
			 provided by the state personnel board of review's email system or fax
			 equipment; the time stamp provided by any other computer system or equipment
			 shall not alter the time of receipt.
(B)
								 A document filed
			 electronically shall contain an electronic signature or an /s/ notation
			 followed by the name of the filer.
(C)
								 If there is a
			 defect in filing due to the failure of the state personnel board of review's
			 equipment, the board may waive such defect if no undue prejudice would
			 result.
(D)
								 Any party or representative who lacks the capability
			 to send or receive documents electronically must file a written letter with the
			 state personnel board of review requesting relief from electronic service of
			 documents. The party or representative requesting relief shall show good cause
			 why it is not feasible to send or receive documents
			 electronically.
(E)
								 In a proceeding before an administrative law
			 judge, a party must file an original and one legible copy of any document. In a
			 proceeding before the full board, a party must file an original and two legible
			 copies of any document. When more than one case file is involved in a
			 proceeding, then the above required documentation must be submitted for each
			 case file. Multiple copies of documents filed
			 electronically are not required.
(F)
								 All 
								documents
			 to be filed with the board shall be printed on
			 or formatted for eight-and-one-half inch by
			 eleven-inch paper.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86, 3/1/93, 3/28/98, 5/17/01,
				4/16/09
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-10 - Service

Current through all regulations passed and filed through July 1, 2024
(A) All documents
			 filed with the board shall be served upon the opposing party. Failure to comply
			 with this rule may result in the board striking the document from the
			 record.
(B) Any document required
			 by these rules to be served upon a party may be served
			  personally,
								 by
			 United States mail, by a
			 courier delivery service company, or electronically. When a party is
			 represented by a representative who has entered an appearance, service shall be
			 made upon that representative. Service is complete on the date of mailing, or 
								on the date of personal transmission of the
			 document, or on the date of electronic
			 transmission.
(C) All motions
			 and briefs shall contain the name, mailing
			 address, email address, if applicable, and
			 telephone number of the person 
								filing the motion or brief.
(D) A motion shall be considered by the board
			 only if a certificate of service appears on it. Any statement, signed by either
			 the moving party or the party's representative, is an acceptable certificate of
			 service so long as it contains all of the following information:
(1) Date of service,
(2) Method by which service was
			 made,
(3) Address where service was
			 made, and
(4) Name of the person or
			 authority who was served.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-11 - Communications to representatives and parties

Current through all regulations passed and filed through July 1, 2024
Communications regarding scheduling shall be sent to all
				parties and their representatives.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.34
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-12 - Computation and extension of time

Current through all regulations passed and filed through July 1, 2024
(A) The date of occurrence of the event
			 causing time to run is not counted in the computation of any time limit under
			 these rules. The last day of a time period is included in the computation of
			 time under these rules. If the last day of a time period is not a regular
			 business day, then the time period shall extend to the end of the next
			 regularly scheduled business day.
(B) The board may extend the time for filing
			 or responding to motions and briefs.
(1)
			 Requests for extension of time shall be made in writing or
			 electronically.
(2) Requests
			 for extension of time shall be directed to the person responsible for handling
			 the appeal.
(a) Requests for extension of time
			 in appeals assigned to an administrative law judge shall be directed to the
			 administrative law judge responsible for the appeal.
(b) Requests for extension of time in appeals
			 assigned to the members of the state personnel board of review shall be
			 directed to the 
										chairperson of the board or the board's
			 agent.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-13 - Procedural orders

Current through all regulations passed and filed through July 1, 2024
(A) Procedural orders may be issued by the
			 board at any time prior to the issuance of a final order.
(B) If a party fails to comply with a
			 procedural order, the board may dismiss the appeal or grant other appropriate
			 relief to the opposing party.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-14 - Procedure in record hearings

Current through all regulations passed and filed through July 1, 2024
(A) The board shall determine the order in
			 which a hearing shall proceed.
(B)
			 Either party may call the opposing party to testify as if on
			 cross-examination.
(C) The board
			 may require, limit, or eliminate opening statements and closing
			 arguments.
(D) Copies of exhibits
			 shall be made available to the board as they are identified.
			 Exhibits may be submitted in written format or by CD,
			 DVD, or USB flash drive. If the hearing is heard by the full board, three
			 copies of all exhibits must be submitted to the board. Parties shall exchange
			 documents and exhibits prior to the hearing. Hearings will not be delayed to
			 facilitate an exchange or review of the exhibits.
(E) In hearings before an administrative law
			 judge, parties shall provide the board two copies of all exhibits.
(F) The parties are encouraged to discuss
			 stipulations and settlement prior to the start of a hearing.
(G) All parties, witnesses and attorneys are
			 required to arrive at the board's offices at the scheduled hearing
			 time.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-15 - Record of hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								
								The board shall
			 
								make a sound recording
			 of all record hearings. The 
								board's recording
			  is the official
			 record.
(B)
								
								Sound recordings of hearings may be erased after:
(1) A final board order has been issued;
			 and
(2) Ninety calendar days have
			 passed from the mailing of notice of the final order of the board to the
			 parties; or ninety days after a transcript has been received by the board from
			 its official stenographer.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-16 - Transcripts/listening to and copying hearing recordings

Current through all regulations passed and filed through July 1, 2024
(A) The board shall transmit a
			  transcript of each hearing appealed
			 to a court of common pleas.
(B)
			 Transcripts for a party's own use may be obtained through the board's
			 stenographer. The cost of the transcript is to be paid by the party requesting
			 the transcript.
(C) Transcripts
			 must be requested within sixty days following the mailing of the final
			 order.
(D) Any person may listen to
			 the 
								board's recording of a hearing. In order to do so, a
			 person must make prior arrangements with the board . Any person may obtain copies of recorded activity by
			 supplying the board with 
								an unused
			 USB flash drive for duplication. 
								Such duplication shall be
			 completed by the board within seven working days.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86,
				3/1/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-17 - Subpoenas

Current through all regulations passed and filed through July 1, 2024
(A) Consistent with
			 Chapter 124-9 of the Administrative Code, a party may request the board to
			 issue subpoenas for documents and subpoenas for up to five witnesses. The party
			 shall 
								file
			 with the board a  list of
			 witnesses and a summary of each witness's testimony prior to the issuance of
			 the subpoenas. If a party deems it necessary to subpoena more than five
			 witnesses, prior approval is required and the board will rule on the need to
			 call any of the witnesses the party requests to be subpoenaed.
(B) Subpoenas shall be issued in either of
			 two ways:
(1) The board shall supply subpoenas
			 to the parties who are responsible for completing and serving subpoenas. A
			 subpoena is deemed served when:
(a) It is
			 personally served upon the person; or
(b) It is received by the person at the
			 person's last known address by certified mail, return receipt requested;
			 or
(c) It is left at the usual
			 place of residence, or last known address of the person, with an adult residing
			 therein, or
			 is left with the subpoenaed witness's government
			 employer who has agreed to timely provide the subpoena to the
			 witness.
(d) If the service
			 by certified mail under paragraph (B)(1)(b) of this rule is returned with an
			 endorsement showing the service was refused or unclaimed, then the subpoena may
			 be sent by ordinary mail, evidenced by a certificate of mailing; and
(e) The party serving the subpoena shall file
			 a copy of the subpoena, properly endorsed as to service, at or prior to the
			 hearing for which the subpoena was issued.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-18 - Mileage reimbursement and subpoenaed witness fees

Current through all regulations passed and filed through July 1, 2024
(A) Public
			 employees may be paid witness fees only if they were subpoenaed to a hearing
			 which they attended at a time they were not scheduled to work. Public employees
			 shall be paid by their appointing authority for the time they are absent from
			 their jobs to attend hearings before the board, provided they were either
			 subpoenaed or were parties to the action.
(B) Mileage shall be paid to any subpoenaed
			 witness, not a party, who works or resides outside of franklin county and who
			 incurs unreimbursed travel expense to attend hearings before the board. Neither
			 parking costs nor food and lodging are reimbursable.
(C) Parties may not subpoena themselves.
(D) Mileage and witness fees shall
			 not be paid to anyone who fails to register at the hearing attended.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56,
				2335.05,
				2335.06
Prior
				Effective Dates: 7/1/79, 3/3/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-19 - Failure to appear

Current through all regulations passed and filed through July 1, 2024
(A) If neither the appellant nor appellant's
			 authorized representative appears at a hearing, prehearing, or other scheduled matter, the board may
			 dismiss the appeal.
(B) If neither
			 the appellee nor appellee's authorized representative appears at a hearing,
			 prehearing, or other scheduled matter, the board
			 may grant appropriate relief, including disaffirmance of the order.
(C) If neither party appears at a hearing,
			 prehearing, or other scheduled matter, the board
			 may, based upon the information available to it, resolve the appeal in the
			 manner it deems appropriate.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-11 - Procedure › Section 124-11-20 - Settlements and withdrawals

Current through all regulations passed and filed through July 1, 2024
(A) An appeal may be withdrawn any time prior
			 to the issuance of the final order of the board by
			 filing a notice with the Board. All withdrawals shall be
			  signed by either
			 the appellant or appellant's representative.
(B) An appeal may be settled by the parties
			 thereto any time prior to the issuance of a final order of the board. The board
			 will accept signed settlement agreements and incorporate them into its final
			 order. All notices of settlement
			 
								shall be 
								filed with the board, and shall
			 be signed by all affected parties and their representatives.
(C) If the board is notified a case has been
			 withdrawn or settled, and no settlement agreement or withdrawal
			 notice is filed with the board within
			 
								the time frame set by the board, then
			 the board shall schedule the case for a hearing.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40
Prior
				Effective Dates: 7/1/79, 2/14/86
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-13 - Discovery › Section 124-13-01 - Exchange of documents and witness lists

Current through all regulations passed and filed through July 1, 2024
(A) On written request of the opposing party,
			 a party shall, at least twenty-eight calendar days prior to the first scheduled
			 record hearing, provide to the requesting party and the board a list of the
			 documents intended to be introduced at the hearing and a list of witnesses.
			 Such requests must be served upon the opposing party at least forty-two
			 calendar days prior to the first scheduled record hearing.
(B) In addition to the requirements contained
			 within paragraph (A) of this rule, if a party deems it necessary to call more
			 than five witnesses to testify at hearing, the party shall file with the board
			 at least seven calendar days prior to the first scheduled record hearing date a
			 list of witnesses to be called and a short summary of the expected testimony of
			 each of those witnesses. If a party fails, without good cause, to comply with
			 this requirement, the board may exclude the testimony of witnesses whose names
			 would have appeared on the witness list referenced in this paragraph.
(C) Upon receipt of a written request, and at
			 least twenty-eight calendar days prior to the first scheduled record hearing, a
			 party shall permit the opposing party to view and copy, at the opposing party's
			 expense, any documents intended to be introduced at a hearing.
(D) If a party fails, without good cause, to
			 comply with paragraphs (A) and (C) of this rule, such testimony or documents
			 may, upon motion of the adversely affected party, be excluded from a hearing
			 before the board. Failure to serve requests for documents and a list of
			 witnesses or for the examination of documents at least forty-two calendar days
			 before the first scheduled record hearing waives all right to move to exclude
			 such evidence.
(E)
								 The time limits set forth in this rule may be modified
			 at the discretion of the administrative law judge or the board.
(F)
								 The board may continue hearings to permit
			 discovery under this rule.
(G)
								 Discovery, as it pertains to the exchange of
			 documents and witness lists, may be supplemented as set forth in the applicable
			 Ohio Rules of Civil Procedure.
Effective:
				3/24/2014
R.C.
				119.032 review dates:
				01/07/2014 and
				01/07/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79, 2/14/86,
				3/1/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-13 - Discovery › Section 124-13-02 - Depositions and interrogatories

Current through all regulations passed and filed through July 1, 2024
(A) The board may order depositions or
			 interrogatories upon motion of any party.
(1)
			 A motion to take depositions or interrogatories shall be filed with the board at least twenty-eight
			 calendar days prior to a record hearing. The board may order interrogatories as
			 an alternative to taking depositions.
(2) The cost of such deposition shall be
			 borne by the party requesting the deposition.
(3) If a deposition is to be submitted into
			 evidence as a testimonial deposition, the deposition must be
			 recorded as video and submitted
			 
									in an
			 appropriate format for viewing. As an alternative
			 ,
			 the party requesting the deposition can request the assigned administrative law
			 judge to be present at the deposition.
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-13 - Discovery › Section 124-13-03 - Requests to make definite and certain

Current through all regulations passed and filed through July 1, 2024
(A) Upon written request of the opposing
			 party, a party shall make definite and certain any factual allegations
			 contained in a "section
			 124.34 order," or any assertion
			 of removal, reduction, or suspension when no "section
			 124.34 order" has been filed
			 with this board.
(B) Requests to
			 make definite and certain shall specify, with particularity, what information
			 is sought.
(C) A party shall serve
			 a written response to the request to make definite and certain at least
			 twenty-eight calendar days prior to the first scheduled record hearing. Such
			 requests must be served upon the opposing party at least forty-two calendar
			 days prior to the first scheduled record hearing. Failure to serve a written
			 request to make definite and certain at least forty-two calendar days prior to
			 the first scheduled record hearing waives all right to move to exclude evidence
			 under this rule.
(D) If a party
			 fails, without good cause, to respond to an opposing party's request to make
			 definite and certain as provided in paragraphs (A), (B), and (C) of this rule,
			 this board may, upon motion of the opposing party, compel such response.
(E) Upon proper motion, the board
			 shall determine the adequacy of a party's response to a request to make
			 definite and certain. If a party fails to respond adequately to a request to
			 make definite and certain, the opposing party may move to exclude all evidence
			 which is the subject of the request.
(F) The board may extend the time to respond
			 to a written request to make definite and certain, continuing the case if
			 necessary.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.34
Prior
				Effective Dates: 7/1/79, 2/14/86,
				3/1/93
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-13 - Discovery › Section 124-13-04 - Work product

Current through all regulations passed and filed through July 1, 2024
A representative's work product is not discoverable.
R.C.
				119.032 review dates:
				02/10/2014 and
				02/10/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 124.03
Rule
				Amplifies: 124.03,
				124.14,
				124.328,
				124.33,
				124.34,
				124.40,
				124.56
Prior
				Effective Dates: 7/1/79
Ohio Administrative Code › Title 124 - State Personnel Board of Review › Chapter 124-13 - Discovery › Section 124-13-05 - Prehearings, status conferences, and mediations

Current through all regulations passed and filed through July 1, 2024
(A) At any time prior to a record hearing,
			 the board may, on its own motion or upon motion of any party, direct the
			 parties or their representatives to participate in a prehearing,
			 status conference, or mediation.
(B) Prehearings,
			 status conferences, and mediations may be held for the following
			 purposes:
(1) To simplify or clarify
			 issues;
(2) To obtain stipulations
			 and admissions;
(3) To exchange
			 documents and witness lists;
(4) To
			 discuss matters intended to expedite the proceedings.
(5)
									 To enter into
			 settlements or settlement discussions.