Chapter 124-15 Reports and Recommendations; Appeals

124-15-01 Reports and recommendations.

Administrative law judges shall submit a report and recommendation to the board.

(A) Reports and recommendations shall be sent by certified United States mail to the appellant's representative (or to appellant, if unrepresented) and by state inter-departmental or state accountable mail or regular United States mail to the appellant, appellee, appellee's representative and to any other party.

(B) Report and recommendations mailed by certified mail and returned to the board shall be reissued by regular United States mail and will be deemed delivered the third calendar day after mailing. If a report and recommendation is mailed by certified mail and neither the report and recommendation nor the domestic return receipt has been returned to the board by the thirtieth day after the report and recommendation was originally mailed, then the report and recommendation shall be remailed by regular United States mail and will be deemed delivered the third calendar day after mailing.

(C) Report and recommendations mailed by certified or regular United States mail which are returned to the board as undeliverable and addressed to the address on file with the board shall be placed in the case file and the opposing party shall be notified. If the address is incorrect, the report and recommendation will be remailed.

(D) A copy of the report and recommendation may be secured in person, in lieu of mailing, from the offices of the board after signing a receipt for the report and recommendation.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09 , 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

124-15-02 Objections to reports and recommendations.

(A) No objection may be made to any decision of an administrative law judge prior to the submission of the report and recommendation.

(B) Objections to a report and recommendation shall be filed within ten calendar days after receipt of the report and recommendation. Responses to objections shall be filed within ten calendar days after the opposing party's objections have been filed.

(1) The board may extend the time to file objections or responses to the report and recommendation.

(2) Objections to reports and recommendations should include both a brief statement of the case and a concise statement of each area of disagreement, together with supporting arguments and memoranda. Parties' objections or responses must be limited to evidence presented at hearing. Objections and responses to objections containing arguments based on evidence not already in the record shall be stricken.

(3) All objections and responses to objections shall have attached a certificate of service. If none is attached, then the board will not consider the objection or response.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09 , 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.40 , 124.56
Prior Effective Dates: 7/1/79, 2/14/86, 2/16/93

124-15-03 Board action on reports and recommendations.

(A) The board may accept, reject, or modify, in whole or in part, any report and recommendation.

(B) The board may take additional evidence, hear arguments, issue a stay order pending the decision of the board on a motion for reconsideration or remand an appeal to an administrative law judge for further consideration or hearing.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09 , 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

124-15-04 Final order of the state personnel board of review.

(A) If a hearing is held before the members of the state personnel board of review, then they will issue a final order and opinion regarding their decision. Final orders shall be signed by the chairman or vice chairman of the board. The original order shall be journalized and a copy of the order placed in the case file.

(B) A certified copy of the final order of the board shall be sent by certified United States mail to the appellant and by state inter-departmental or state accountable mail or regular United States mail to the appellant's representative (if appellant is represented), appellee, appellee's representative and to any other party.

(1) A copy of the final order mailed by certified mail and returned to the board shall be reissued by regular United States mail and will be deemed delivered the third calendar day after mailing.

(2) A copy of the final order mailed by regular or certified United States mail and returned to the board as undeliverable and addressed to the address on file with the board shall be placed in the case file and the opposing party shall be notified. If the address is incorrect, the final order will be remailed.

(3) A copy of a final order may be secured in person, in lieu of mailing, from the offices of the board after signing a receipt for the order.

(C) A final order does not become public record until it has been mailed to or secured in person by all parties.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09 , 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.341 , 124.40 , 124.56 , 4167.13 , 4167.14
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93, 5/26/94

124-15-05 Motions for reconsideration.

Any party may move for reconsideration of a final order of the board. Motions for reconsideration shall be filed within ten calendar days of mailing of the final order. If a motion for reconsideration has been filed, and if no appeal has been filed in a court of common pleas, then the board may issue a stay of the final order pending the reconsideration. If the board issues a stay of its final order, the opposing party will then have ten calendar days to file a response to the motion for reconsideration. The filing of a notice of appeal divests the board of jurisdiction to rule on a motion for reconsideration.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09 , 124.03 , 124.14 , 124.328 , 124.33 , 124.34 , 124.341 , 124.40 , 124.56 , 4167.13 , 4167.14
Prior Effective Dates: 7/1/79, 3/1/93, 4/16/09

124-15-06 Appeals to the court of common pleas.

(A) Appeals to the courts of common pleas are governed by the provisions of Chapters 119. and 124. of the Revised Code.

(B) An original written notice of appeal or a copy of the notice of appeal shall be filed with the board and an original notice of appeal or a copy of the notice of appeal shall be filed with the reviewing court of common pleas within fifteen calendar days of mailing of the final order of the board. Each notice of appeal or copy thereof shall include the name of the county in which the appeal to court has been filed. The board is not to be named as a party in any appeal to the court of common pleas filed under the authority of Chapter 119. of the Revised Code.

(C) A copy of the notice of appeal shall be served upon the opposing party.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.12 , 124.03 , 124.14 , 124.328 , 124.34
Prior Effective Dates: 7/1/79, 3/1/93, 3/18/98, 4/16/09

124-15-07 Certification of the record to court.

(A) The board shall certify only one copy of the record to the court of common pleas in any appeal.

(B) If a notice of appeal is filed in more than one court, the appealing party shall elect the court to which the board shall certify the record. The notice of election shall be filed with the board within ten days of the filing of the notice of appeal.

(C) If there is no election, the record shall be certified to the court in which the appeal was first filed. The board will only certify more than one record upon the request of the appealing party and upon that party's prepayment of all costs for the second and all subsequent records.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.12 , 124.03
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93, 5/17/01

124-15-08 Deposit required upon filing an appeal to a reviewing court from a final order of the board.

(A) When a party files a notice of appeal with this board pursuant to paragraph (B) of rule 124-15-06 of the Administrative Code, the party filing such notice shall deposit with the board a sum based on the estimated cost of producing a certified copy of the record, including a transcript of the hearing, if applicable, copies of documents, and shipping costs. The total deposit required will be stated in the notice attached to the final order of the board.

(B) After the board has received the deposit, the transcript and copies of the file will be prepared and the cost of those items will be calculated. If the deposit exceeds the costs of these items, then a refund of the excess will be issued; if the deposit does not cover the full amount, then the appealing party will be billed for the outstanding balance.

(C) If a person alleges the inability to pay the deposit, then an "Affidavit of Indigence" must be completed. Said affidavit is available from the board upon request. Upon timely submission of the affidavit, the board will determine if the person is or is not excused from paying the deposit.

Effective: 03/24/2014
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.12 , 124.03 , 124.14 , 124.328 , 124.33 , 124.34
Prior Effective Dates: 1/19/93 (Emer.), 4/2/93, 5/18/00