Chapter 126-1 General Provisions

126-1-01 Procedure for giving reasonable public notice of the adoption, amendment, or rescission of rules promulgated under Chapter 119 of the Revised Code.

(A) Methods of providing public notice

Not later than thirty days prior to the date set for a public hearing, the office of budget and management shall give public notice of its intention to consider the adoption, amendment, or rescission of rules subject to promulgation under Chapter 119. of the Revised Code by:,

(1) Publishing a public notice once in a newspaper of general circulation in Columbus, Ohio;

(2) Posting through the day of the hearing a copy of the public notice on a bulletin board at the office of budget and management; and

(3) Posting through the day of the hearing a copy of the public notice on the internet site of the office of budget and management.

(B) Contents of public notice

The public notice shall include:

(1) A statement of the intention of the office of budget and management to consider adopting, amending, or rescinding a rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule; and

(4) The date, time, and place of the hearing on the proposed rule.

(C) Requests for copies of public notice

The office of budget and management shall provide a copy of the public notice to any person who requests it and pays a reasonable fee not to exceed the cost of copying and mailing. The request shall be directed to the office of budget and management, 30 East Broad Street, 34th floor, Columbus, Ohio 43266-0411, telephone (614) 644-8823, TDD (614) 466-1574 or facsimile (FAX) number (614)644-5400, attention: legal counsel and shall include the name and mailing address, electronic mailing address, or facsimile (FAX) number of the person desiring the copy of the public notice. The office of budget and management shall maintain a mailing list of all persons who request the public notice and shall send a copy of the public notice by United States mail, electronic mail, or facsimile (FAX) to all persons whose names are included on the mailing list.

(D) Special parking, access or accommodation needs

Any person planning to attend the public hearing who has special parking, building access, or other accommodation needs may contact the office of budget and management at 614-644-8823 or TDD 614-466-1574 prior to the hearing to advise the office of budget and management of those needs.

(E) Other notice by the office of budget and management

In addition to the public notice, the office of budget and management may give whatever other notice it considers necessary of its intention to consider the adoption, amendment, or rescission of rules subject to promulgation under Chapter 119. of the Revised Code. Such other notice may include sending a copy of the public notice and such other information that the office of budget and management considers appropriate by United States mail, interoffice mail, electronic mail or facsimile (FAX) to the head or fiscal officer of each affected state agency.

R.C. 119.032 review dates: 10/1/2002 and 10/01/2007

Promulgated Under: 111.15

Statutory Authority: R.C. 119.03(A)(4)

Rule Amplifies: R.C. 119.03(A)(4)

Prior Effective Dates: 09/15/75; 10/24/97

126-1-02 Rates and requirements for reimbursement of travel expenses of state agents.

(A) Definitions

(1) "Compensation" means payment for services rendered, whether made on an hourly, per diem, salaried, or fee basis but does not include reimbursement of travel expenses.

(2) "Headquarters" means the office address at which a state agent has his/her primary work assignment.

(3) "Continental U.S. travel" means travel within the Continental United States, including the lower forty-eight states, excluding Hawaii and Alaska.

(4) "International travel" means travel outside of the Continental United States, including Hawaii and Alaska.

(5) "Reimbursable travel expenses" means those expenses which are actually incurred as a necessary part of approved travel. In addition to lodging, meals, per diem, and mileage, it includes:

(a) Miscellaneous transportation expenses such as parking charges, road tolls, and other reasonably incurred transportation expenses directly related to authorized travel, provided such expenses are listed separately on a state agent's travel expense reimbursement request;

(b) Commercial transportation expenses paid by the state agent such as taxi cabs, automobile rental , airfare, ferries, subways, bus, trains, and other commercial transportation providers;

(c) Registration fees paid by the state agent for professional events such as conferences, seminars, and meetings;

(d) Miscellaneous business expenses such as telephone, facsimile, internet, and other similar charges paid by the state agent for official state business;

(e) Miscellaneous living expenses such as laundry, dry cleaning, personal telephone calls, and postage.

(6) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government which uses money that has been appropriated to it directly, but does not include the general assembly,supreme court, court of appeals, court of claims, any agency of these, or any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code.

(7) "State agent" means any officer, member, or employee of a state agency whose compensation is paid, in whole or in part, from state funds but does not include any volunteer serving without compensation:

(8) "Travel at state expense" means travel expenses which are paid from moneys appropriated directly to a state agency by the general assembly, but does not include travel by a state agent where expenses are paid pursuant to rule 102-3-08 of the Administrative Code.

(9) "Receipt" means the original document provided by a service provider or merchant that indicates the merchant's name, date of purchase, transaction amount, and line item detail identifying the service or goods provided.

(10) "Supporting documentation" means documents that validate expense claims to include, but not limited to the following:

(a) Conference material provided by the conference organizer.

(b) Formal meeting agenda provided by the meeting organizer.

(c) Currency exchange rate as evidenced by a foreign currency exchange receipt, bank or credit card statement, or the exchange rate issued by an authoritative source such as "OANDA" (http://www.oanda.com/currency/historical-rates/) for the travel period. Expenses shall be recorded on the travel expense report in U.S. dollars. Reimbursements authorized by this rule will be made in U.S. dollars. The original itemized receipt and the currency exchange rate documentation described in this rule is required.

(d) State agency authorizations.

(11) "Conference" means a prearranged gathering with a formal agenda, for consultation or exchange of information or discussion that benefits the state, such as seminars, meetings, and other professional events.

(12) "Paid travel status" means the designation given to a state agent who is traveling on behalf of the state and is in an active pay status.

(B) Authority for travel and reimbursement

(1) Authority for travel

All state agents traveling at state expense or on paid travel status must be authorized prior to travel by the head of a state agency or his/her designee. Travel may be authorized only for official state business and only if the state agency has the financial resources to reimburse the state agent for travel expenses. State agents who are traveling at state expense or who are on paid travel status must, at all times, use prudent judgment in the use of state resources, incurring only those expenses necessary to carry out the official business of the state.

(2) Reporting requirements

(a) A state agent who has traveled at state expense and is requesting reimbursement by a state agency of his/her travel expenses shall report his/her travel expenses as prescribed by the office of budget and management. A state agent shall submit the travel expense reimbursement request within sixty days of the last date of travel. This time frame may be extended by the head of the state agency or his/her designee if mitigating circumstances exist, but in no case may this time frame exceed one hundred twenty days from the last date of travel. A completed request for travel expense reimbursement may be denied by the office of budget and management for reasons including, but not limited to, a state agent's failure to submit the request in a timely, accurate, or truthful manner.

(b) A state agent shall obtain and provide all receipts and supporting documentation required by this rule.

(c) At no time shall a state agent claim or be reimbursed more than is allowable under this rule.

(3) Approval of travel

When the head of a state agency or his/her designee approves of a state agent's travel, such action constitutes certification of the propriety of the reimbursement of such state agent's travel expenses. The head of a state agency or his/her designee may require any reasonable form of verification of an expense if he/she determines that additional verification is necessary to his/her certification of the propriety of the reimbursement or if required receipts are not available.

(4) Reimbursement of expenses

A state agent shall be reimbursed for his/her travel expenses as authorized by this rule upon approval by the head of a state agency or his/her designee. Reimbursement for travel expenses shall be via electronic funds transfer to the same bank account that a state agent has established for receipt of his/her compensation in accordance with section 124.151 of the Revised Code.

(5) Submission of receipts

As specified by the office of budget and management, original or a legible electronic copy of receipts shall be submitted to the office of budget and management.

(6) Direct payment to vendor

Instead of reimbursing a state agent for his/her travel expenses, a state agency may make direct payment to a vendor who provides travel services for the state agent. A direct payment shall comply with the applicable rates and requirements specified in this rule.

(C) Transportation expenses

The head of a state agency or his/her designee shall, subject to the discretion of the office of budget and management, determine the appropriate mode or modes of transportation to be utilized by a state agent.

(1) Travel by state-owned automobile

Travel by state-owned automobile is authorized only for state agents and for other parties who are properly designated by a state agency and endorsed onto insurance coverage through the department of administrative services. Reimbursement is authorized for incurred service expenses necessary to the efficient and safe operation of a state-owned automobile. The names of all persons traveling in the same state-owned automobile and names of their respective state agencies shall be listed on any travel expense reimbursement request.

(2) Travel by privately owned automobile

Travel by privately owned automobile is authorized only if the owner thereof is insured under a policy of liability insurance complying with the requirements of section 4509.51 of the Revised Code. Reimbursement of mileage expenses incurred on state business is authorized at a rate up to the internal revenue service's business standard mileage rate, within the discretion of the director of the office of budget and management. The reimbursement rate for mileage expenses incurred on state business may not fall below forty-five cents per mile, unless the internal revenue service's business standard mileage rate falls below forty-five cents per mile, in which case the director may lower the reimbursement rate below forty-five cents per mile. The director of the office of budget and management will review the appropriate mileage reimbursement rate on a quarterly basis.

A state agent shall not be reimbursed for mileage commuting from his/her residence to his/her headquarters nor from his/her headquarters to his/her residence. If a state agent is required to report to a location other than his/her headquarters, the state agent will only be reimbursed for the distance from his/her residence to the alternate location less the state agent's normal commute. For example, if a state agent's normal commute from his/her residence to his/her headquarters is ten miles, and a state agent's commute from his/her residence to his/her authorized destination is thirty miles, the state agent shall only be reimbursed for twenty miles.

Travel expense reports shall indicate all intermediate destinations (i.e., specify intermediate towns and cities but not stops within a town or city) between the commencement and termination of travel as well as all vicinity mileage after arrival at destination. Reimbursement shall be made to only one of two or more state agents traveling in the same privately owned automobile, and the names of their respective state agencies shall be listed on the travel expense reimbursement request.

(3) Travel by commercial transportation

(a) Travel by commercial transportation is authorized at the lowest available rate. When any segment of travel by commercial transportation exceeds eight hours, the head of the state agency may authorize business class travel for the state agent.

(b) State funds shall not be expended to pay for unused reservations with commercial transportation unless the state agency is satisfied that failure to cancel or use the reservation was unavoidable. State agency authorization shall be required as supporting documentation.

(c) Travel within the state of Ohio by common air carrier at the lowest available rate is authorized for elected officials, directors, assistant directors, deputy directors, board and commission members, and heads of state agencies. State employees not listed in this paragraph are authorized to travel within the state of Ohio by common air carrier at the lowest available rate only if flying is more economical than other modes of travel.

(d) Reimbursement is authorized for automobile rental if automobile rental is more economical than any other mode of transportation or if the state agent's destination is not easily accessible by any other mode of transportation. The state agent must purchase liability insurance and loss damage waiver for accidents arising out of the operation or use of the automobile and include that cost in determining whether the automobile rental is the most economical mode of transportation.

(4) Required receipts for transportation expenses

Except as otherwise provided, receipts are required for all service expenses incurred in connection with the operation of state-owned automobiles, all commercial transportation expenses, and all miscellaneous transportation expenses exceeding ten dollars.

(D) Meal, incidental, and miscellaneous expenses within the Continental U.S.

(1) Restrictions and reimbursement per diem

Meals and incidental per diem for state agents is authorized only when overnight lodging is required. State agents may receive per diem for meal and incidental expenses in accordance with the per diem rates established by the U.S. general services administration (www.gsa.gov), which is based on the lodging location. Per diem is designed to offset the additional cost of travel, not to entirely pay for the state agent's meal and incidental expenses. The amount of per diem shall be adjusted on departure and return days based upon the time of departure and return. The standard meal and incidental expenses allowance is based on a full day of official travel (twenty-four hours) within the continental U.S. Where overnight lodging is required and where a state agent is on travel status for less than a full day, the meal and incidental expenses rate for the departure and return days shall be pro-rated as follows:

(a) Twenty-five per cent of the standard meal and incidental expenses allowance if the state agent is on travel status for less than six hours;

(b) Fifty per cent of the standard meal and incidental expenses allowance if the state agent is on travel status for six hours but less than twelve hours;

(c) Seventy-five per cent of the standard meal and incidental expenses allowance if the state agent is on travel status for twelve hours but less than eighteen hours;

(d) One hundred per cent of the standard meal and incidental expenses allowance if the state agent is on travel status for eighteen hours but less than twenty-four hours.

(e) Notwithstanding the restrictions provided in paragraph (D)(1) of this rule, where a state agency elects to schedule a state agent to travel out of state by air travel and schedules a return flight for the same day, meals and incidental per diem is authorized; however, the meal and incidental expenses shall be pro-rated as provided in paragraphs (D)(1)(a) to (D)(1)(d) of this rule.

(2) Incidental expenses included in the per diem allowance are listed as follows and are thus not separately reimbursable:

(a) All gratuities given to porters, baggage carriers, bellhops, hotel maids, flight attendants, ship attendants, taxi drivers, wait staff and all other services related to the hospitality industry;

(b) Any transportation between places of lodging or business and places where meals are taken, if suitable meals cannot be obtained at the temporary lodging or business site;

(c) Mailing costs associated with filing travel reimbursement requests.

(3) A receipt shall be required for any single miscellaneous business expenses charge over ten dollars. State agents shall first use any free internet or phone services prior to incurring these expenses.

(4) If the state agent is in overnight status in the continental U.S. for more than one week, including a weekend, miscellaneous living expenses will be reimbursed when such expense is reasonable as determined by the head of the state agency or his/her designee. Receipts shall be required for all miscellaneous living expenses.

(E) Meal, incidental, and miscellaneous expenses outside the continental U.S. (international)

(1) A state agent traveling outside the continental U.S., assigned to a foreign office, or otherwise on approved international travel status, including international conferences, shall be entitled to reimbursement of meals and meal gratuities up to twenty per cent of the cost of the meal at actual cost when such cost is reasonable as determined by the head of the state agency or his/her designee.

(2) If the state agent is in overnight international travel status for more than one week, including a weekend, miscellaneous living expenses will be reimbursed when such expense is reasonable as determined by the head of the state agency or his/her designee.

(3) Receipts shall be required for international travel expenses, which include commercial transportation, lodging, meal, meal gratuities, and miscellaneous living expenses. Currency exchange rates shall be provided as supporting documentation.

(4) A receipt shall be required for any single miscellaneous business expense charge exceeding ten dollars. State agents shall first use any free internet or phone services prior to incurring these expenses. Currency exchange rates shall be provided as supporting documentation.

(F) Lodging

(1) Continental U.S.

In accordance with the per diem rates established by the U.S. general services administration, reimbursement of expenses incurred while on official travel status within the continental U.S. is authorized per state agent per calendar day for lodging in commercial establishments . at actual cost up to the maximum allowable lodging rate for that location, plus applicable taxes on the entire room.

(2) Outside the continental U.S. (international)

Reimbursement for lodging in commercial establishments is authorized per state agent per calendar day at actual cost when such cost is reasonable as determined by the head of a state agency or his/her designee. The currency exchange rate shall be provided as supporting documentation.

(3) Receipts are required for all lodging expenses.

(4) Overnight lodging may be reimbursed only when the state agent is traveling on official state business and is either:

(a) At a location greater than forty-five miles from both the state agent's residence and headquarters, or;

(b) At a location greater than thirty miles from both the state agent's residence and headquarters for conference purposes.

(G) Conferences

Reimbursement is authorized for conference registration fees and conference expenses as follows:

(1) Registration fees

Conference registration fees may be reimbursed to the state agent, or conference registration fees may be paid directly by a state agency in advance of the event. If the registration fee includes any meals, the state agent shall not be reimbursed for those same meals under paragraphs (D) and (E) of this rule, and any amount reimbursed to the state agent under paragraphs (D) and (E) of this rule for meals shall be adjusted accordingly.

(2) Meal and incidental

If the event includes or provides a meal, the state agent shall not be reimbursed for that same meal under paragraphs (D) and (E) of this rule. State agents shall receive per diem for any meals not provided by the event and incidentals at the rate prescribed by the U.S. general services administration.

When meals are included with registration expense, the number and type of meals must be identified by the state agent. If a meal is offered as part of the event and the state agent has medical restrictions, the state agent should make every effort to have the conference facilitate his or her needs. If the event does not honor the request, the state agent is not required to deduct the applicable meal allowance from the per diem, but must include documentation explaining the situation.

(3) Lodging

Lodging at the event site or lodging at a hotel identified in the event registration materials as one of the event hotels may be reimbursed at actual cost, provided such cost is reasonable as determined by the head of a state agency or his/her designee.

(4) Required receipts for conference expenses

Receipts are required for expenses exceeding ten dollars. Any applicable conference materials such as agendas, brochures or otherwise shall be required as supporting documentation.

(5) Direct payment

Instead of reimbursing a state agent for his/her conference expenses, a state agency may make direct payment to a vendor who provides event services for the state agent.

(H) Agency contractors

State agencies desiring to reimburse travel, lodging, and meal expenses should negotiate such reimbursement with the contractor or vendor when negotiating the cost of the contract, but shall not negotiate rates higher than those authorized by this rule.

(I) Non-reimbursable travel expenses

"Non-reimbursable travel expense" include, but are not limited to, the following:

(1) Alcoholic beverages purchased by the state agent;

(2) Entertainment expenses paid by the state agent;

(3) Incidental expenses, which include personal expenses incurred during travel that are primarily for the benefit of the state agent and not directly related to the official purpose of the travel. Examples include, but are not limited to, the purchase of personal hygiene items, magazines or books, movie rentals, and other miscellaneous items;

(4) Political expenses paid by the state agent;

(5) Travel insurance expenses paid by the state agent; for purposes of this paragraph, the use of the term "travel insurance expense" does not mean liability coverage and loss damage waiver expenses incurred in renting an automobile pursuant to paragraph (C)(3)(d) of this rule.

(6) The cost of traffic fines and parking tickets.

(J) Exceptions may be requested by submitting a written request to the director of budget and management by the head of a state agency or his/her designee prior to the expense being incurred. The director of the office of budget and management may grant exceptions to this rule only for travel by law enforcement officials, insurance examiners, state agents on continuous travel status for two or more consecutive days, state agents requiring special travel arrangements due to a disability, and state agents whose workday is other than eight a.m. to five p.m. or if state agents whose in-state travel and lodging arrangements are economically advantageous to the state. Other exceptions may be granted upon a written request submitted to the director of budget and management by the head of a state agency or his/her designee prior to the expense being incurred or, at the director's discretion, after the expense has been incurred. No exception shall remain in effect for more than one fiscal year.

(K) Amendment to this rule

An amendment to this rule applies to travel on or after the effective date of the amendment.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 111.15
Statutory Authority: 126.31
Rule Amplifies: 126.31
Prior Effective Dates: 10/31/77, 6/10/79, 6/29/80, 3/1/83, 3/16/83, 5/26/83, 11/13/83, 3/2/86, 7/3/89, 10/1/89, 4/10/90, 7/9/90, 7/27/92, 10/24/92, 7/1/94, 9/26/94, 10/15/96, 1/14/97, 7/1/97, 7/1/00, 11/6/00, 7/1/01, 9/30/01, 3/1/06, 5/26/06, 2/1/08, 6/25/08, 9/19/08, 10/1/09

126-1-03 Reimbursement of interviewing, moving, and temporary living expenses.

(A) Interviewing expenses

A state agency may reimburse within the reimbursement rates and terms allowed by this rule the interviewing expenses of a person who is interviewing for a position in schedule E-1 at pay range 13 or above or in schedule E-2 of Revised Code section 124.152 .

(1) Reimbursable expenses

The following interviewing expenses may be reimbursed:

(a) Travel expenses incurred from the residence of the person interviewing to the interview site and back to the residence of the person interviewing. Allowable travel expenses are mileage expenses for a privately owned automobile; common carrier expenses; rental car expenses; miscellaneous travel expenses such as parking charges, road tolls, subway fare, limousine service, taxicab, and local bus fare; and related gratuities.

(i) Air travel is permitted for travel entirely within Ohio only if air travel is more economical than any other mode of travel.

(ii) Rental car expenses are permitted only if car rental is more economical than any other mode of travel or if the interview site is not easily accessible by any other available mode of travel.

(b) Meal expenses and related gratuities. Expenses for alcoholic beverages or entertainment shall not be reimbursed.

(c) Lodging expenses and related gratuities if the residence of the person interviewing is more than forty-five miles from the interview site.

(2) Obtaining reimbursement of interviewing expenses

To reimburse interviewing expenses, the agency conducting the interview must:

(a) Obtain from the person being interviewed a statement itemizing expenses for travel, meals, and lodging.

(b) Obtain from the person being interviewed receipts required under this rule.

(c) Submit to the office of budget and management a voucher with the statement itemizing interviewing expenses, all receipts required under this rule, and a position description, personnel action, or job posting indicating that the position for which the person is interviewing is a position in schedule E-1 at pay range 13 or above or in schedule E-2 of Revised Code section 124.152 .

(3) Interviewing expenses may not be directly billed to the state agency.

(4) The approval of the voucher for the interviewing expenses constitutes the agency's certification of the propriety of the reimbursement of the interviewing expenses. The head of a state agency or his/her designee may require any reasonable form of verification of an expense in addition or in lieu of the receipts required under this rule, if he/she determines that additional verification is necessary to his/her certification of the propriety of the reimbursement or if required receipts are not available.

(5) At no time shall a person claim or be reimbursed more than his/her actual expenses.

(B) Moving, temporary living, and related travel expenses

(1) A state agency may reimburse within the reimbursement rates and terms allowed by this rule the moving, temporary living, and travel expenses of a person who is appointed to any of the following positions if the appointment requires a permanent change of residence:

(a) A position listed in Revised Code section 121.03 and the positions of superintendent of public instruction, chairperson of the industrial commission, adjutant general, chancellor of the board of regents, chairperson of the public utilities commission, or director of the state lottery commission;

(b) A position holding a fiduciary relationship to the governor;

(c) A position of an appointing authority of the departments of mental health, mental retardation and developmental disabilities, or rehabilitation and correction;

(d) A position of superintendent in the department of youth services;

(e) A position in a foreign office pursuant to appointment by the director of the department of development under Revised Code section 122.05 .

(2) Reimbursable expenses

The following moving, temporary living, and travel expenses may be reimbursed:

(a) The actual and necessary expenses of moving the appointee and the members of the appointee's immediate family residing in the appointee's household to the new location, including:

(i) The expenses of moving the household goods and personal effects of the appointee and of the appointee's immediate family residing in the appointee's household from the former residence to the new residence.

"Household goods and personal effects" include but are not limited to household furnishings, appliances, clothing, household pets, personal automobiles. Any items for use in the operation of a business are not considered to be "household goods and personal effects" and shall not be moved at state expense.

(ii) The actual cost of in-transit storage if the expense is necessary and reasonable.

(iii) Expenses incurred to move the appointee and the appointee's immediate family residing in the appointee's household from the former residence to the new residence. Allowable travel expenses are mileage expenses for a privately owned automobile; common carrier expenses; rental car expenses; miscellaneous travel expenses such as parking charges, road tolls, subway fare, limousine service, taxicab, and local bus fare; and related gratuities.

(a) Air travel is permitted for travel entirely within Ohio is permitted for heads of state agencies or if air travel is more economical than any other mode of travel.

(b) Rental car expenses are permitted only if rental car is more economical than any other mode of travel or if the destination is not easily accessible by another mode of travel.

(iv) Meal expenses (excluding alcoholic beverages and entertainment) and related gratuities incurred during the move for the appointee and the appointee's immediate family residing in the appointee's household, including the day that the appointee's furniture is removed from the former residence and the day that the furniture arrives at the new location.

(v) Lodging expenses and related gratuities for the appointee and the appointee's immediate family residing in the appointee's household if an overnight stay is required during the move, including the day that the appointee's furniture is removed from the former residence and the day that the furniture arrives at the new location.

(b) If the appointee is appointed to a position in a foreign office under Revised Code section 122.05 , the actual and necessary expenses of storing the appointee's household goods and personal effects and those of the appointee's immediate family residing in the appointee's household for all or part of the time the new job location remains the appointee's main job location.

(c) If the appointee is appointed to a position in a foreign office under Revised Code section 122.05 , upon completion of the assignment, the actual and necessary expenses of moving back to the United States the appointee and the appointee's immediate family residing in the appointee's household.

(d) Temporary living expenses incurred by the appointee and the appointee's immediate family residing in the appointee's household until the appointee moves the his/her permanent residence to the new location but not for a period that exceeds thirty consecutive days.

(e) Temporary living expenses that may be reimbursed are:

(i) Lodging and related gratuities for the appointee and the appointee's immediate family residing in the appointee's household.

(ii) Meals, excluding alcoholic beverages and entertainment, and related gratuities for the appointee and the appointee's immediate family residing in the appointee's household.

(iii) Reasonable miscellaneous living expenses for the appointee and the appointee's immediate family residing in the appointee's household, including laundry, dry cleaning, and reasonable personal telephone calls to the appointee's immediate family. Reimbursable living expenses do not include entertainment.

(iv) For appointees who are listed in paragraphs (B)(1)(a) to (B)(1)(d) of this rule, travel for the appointee between the new location and the former residence and related gratuities limited to the rate of one trip for each seven days that the appointee receives temporary living expenses. Members of the appointee's family are not eligible for reimbursement of travel expenses during this period.

(3) Obtaining reimbursement of moving and temporary living and related travel expenses

(a) For an appointee to be reimbursed for moving expenses:

(i) The appointee must obtain three written price quotations of actual and necessary moving and storage expenses.

(ii) The appointee must submit the three written price quotations and the invoice for moving and storage to the appointing state agency.

(iii) The appointing agency must submit to the office of budget and management a voucher with the three written price quotations, the invoice for moving and storage, and any receipts required under this rule.

(b) For an appointee to be reimbursed for meal, lodging, travel or temporary living expenses:

(i) The appointee must complete OBM 7148 "travel expense report" and document all, meal lodging, miscellaneous expenses, and travel.

(ii) The appointee must submit to the appointing state agency the completed "travel expense report" and attach all receipts required under this rule.

(iii) The appointing state agency must submit to the office of budget and management a voucher with the "travel expense report" and all receipts required under this rule.

(c) With the agreement of the appointing state agency, the following expenses may be billed by the service provider directly to the appointing state agency:

(i) Charges for moving and storage of household goods and personal effects of the appointee and the appointee's immediate family residing in the appointee's household.

(ii) Air fare for travel from the former residence to the new residence for the appointee and the appointee's immediate family residing in the appointee's household, if the appointing state agency makes prior arrangements with the state accounting section of the office of budget and management.

(iii) Other expenses for which the appointing state agency obtains prior permission from the state accounting section of the office of budget and management to directly bill the expense to the state agency.

Arrangements for direct billing must be made by the appointee with the appointing state agency before the appointee incurs or agrees to incur any expense. Any reimbursable moving and temporary living expenses that are not directly billed are eligible for reimbursement as described above.

(d) The approval of the voucher for the expenses constitutes the appointing agency's certification of the propriety of the reimbursement of the moving, temporary living, and travel expenses. The head of a state agency or his/her designee may require any reasonable form of verification of an expense in addition or in lieu of the receipts required under this rule, if he/she determines that additional verification is necessary to his/her certification of the propriety of the reimbursement or if required receipts are not available.

(C) Terms and rates of reimbursement

(1) The rates of reimbursement for interviewing, moving, temporary living, and travel expenses are determined by the state agency but may not exceed actual expenses up to the maximum rates established in this rule. Prior to incurring any expense, the person seeking reimbursement shall contact the state agency to determine the rates of reimbursement and whether the state agency requires any receipts other than those required under this rule.

(2) Travel expenses shall be reimbursed as follows:

(a) Travel by privately owned automobile

(i) Mileage expenses incurred as authorized by this rule at the rate of forty cents per mile, but if the internal revenue service's business standard mileage rate is less than forty cents a mile, the rate allowed under this paragraph shall be reduced to the internal revenue service's business standard mileage rate.

(ii) Travel by privately owned automobile is authorized only if the owner thereof is insured under a policy of liability insurance complying with the requirements of section 4509.51 of the Revised Code.

(iii) A person seeking reimbursement shall not be reimbursed for mileage commuting from his/her residence to his/her headquarters nor from his/her headquarters to his/her residence.

(iv) If a "travel expense report" is required by this rule, the "travel expense report" shall indicate

(v) All intermediate destinations (i.e., specify intermediate towns and cities but not stops within a town or city) between the commencement and termination of travel as well as all vicinity mileage after arrival at destination.

(b) Travel by common carrier

Travel by common carrier at the lowest available rate. When an international flight serves as an overnight accommodation and the day of arrival in a foreign country is a workday, the head of the state agency may authorize business class travel for the person seeking reimbursement.

(c) Required receipts for travel expenses

Except as otherwise provided, receipts are required for all common carrier expenses; and all miscellaneous travel expenses exceeding one dollar, including taxicab, parking and car rental but excluding road tolls, bus, boat, ferry, subway, and limousine service.

(3) Meal expenses shall be reimbursed as follows:

(a) Meal gratuities

At actual expense but not to exceed fifteen per cent of the actual meal expense. The amount of the gratuity shall count against the applicable meal rate.

(b) In-state meal expenses

(i) Effective July 1, 2002

(a) Actual cost up to a maximum rate of forty dollars per calendar day if the person seeking reimbursement is traveling in state for a full calendar day, that is, travel both preceded and followed by an overnight stay. Reimbursement of forty dollars for a full day of travel does not require an allocation for breakfast, lunch, and dinner. Meal reimbursement in that amount may be allocated for meals as person seeking reimbursement chooses.

(b) If the person seeking reimbursement is traveling in state for less than a full day, on the day of departure and day of return:

(i) Actual cost up to a maximum rate of nine dollars if the person seeking reimbursement is traveling any time after midnight but no later than eight a.m.

(ii) Actual cost up to a maximum rate of twelve dollars if the person seeking reimbursement is traveling any time after eight a.m. but no later than six p.m.

(iii) Actual cost up to a maximum rate of nineteen dollars if the person seeking reimbursements is traveling any time after six p.m. but no later than midnight.

(iv) On the day of departure or return, if the person seeking reimbursement is traveling for more than one of the above-specified time periods, meal reimbursement is authorized in the amount of the total of the individual amounts specified for those time periods. Reimbursement of that total amount does not require an allocation for breakfast, lunch, and dinner. Meal reimbursement in that total amount may be allocated for meals as the person seeking reimbursement chooses.

(c) If the federal per diem standard rate for meals within the continental United States (CONUS) is less than forty dollars, the rate allowed under paragraph (c)(3)(b)(iii) of this rule shall be reduced to the federal per diem standard rate for meals within the continental United States (CONUS), and the office of budget and management shall pro-rate the per diem rate to provide for meal reimbursement for less than a full day of travel.

(c) Out of state but within the United States

At the option of the person seeking reimbursement either:

(i) Actual cost up to a maximum rate of thirty dollars per calendar day; or

(ii) Actual cost with receipts as follows:

(a) Actual cost up to a maximum rate of sixty dollars per calendar day if the person seeking reimbursement is traveling out of state for a full calendar day, that is, travel both preceded and followed by an overnight stay. Reimbursement of sixty dollars for a full day of travel does not require an allocation for breakfast, lunch, and dinner. Meal reimbursement in that amount may be allocated for meals as the person seeking reimbursement chooses, but the amount claimed must be supported by receipts.

(b) If the person seeking reimbursement is traveling out of state for less than a full calendar day, reimbursement for meals on the day of departure and day of return is limited to:

(i) Actual cost up to a maximum rate of twelve dollars if the person seeking reimbursement is traveling any time after midnight but no later than eight a.m.

(ii) Actual cost up to a maximum rate of eighteen dollars if the person seeking reimbursement is traveling any time after eight a.m. but no later than six p.m.

(iii) Actual cost up to a maximum rate of thirty dollars if the person seeking reimbursement is traveling any time after six p.m. but no later than midnight.

(iv) On the day of departure or return, if the person seeking reimbursement is traveling for more than one of the above specified time periods, meal reimbursement is authorized in the amount of the total of the individual amounts specified for those time periods. Reimbursement of that total amount does not require an allocation for breakfast, lunch, and dinner. Meal reimbursement in that total amount may be allocated for meals as the person seeking reimbursement chooses, but the amount claimed must be supported by receipts.

(d) Outside the United States

Only during the portion of the trip which is outside the United States at the option of the person seeking reimbursement either:

(i) With receipts actual cost up to a maximum rate of seventy-five dollars per calendar day; or

(ii) Actual cost up to the applicable rate for meals and incidental expenses specified in the current "maximum travel per diem allowances for foreign areas" established by the United States secretary of state.

(a) Incidental expenses include miscellaneous expenses, fees, and gratuities, including taxes, service charges, meal and nonmeal gratuities, and miscellaneous living expenses.

(b) Reimbursement of meal gratuities is limited to the provisions of paragraphs (B)(3)(a) of this rule. Reimbursement of nonmeal gratuities is limited to the provisions of paragraph (B)(6) of this rule. Reimbursement of miscellaneous living expenses is limited to the provisions of paragraph (B)(5) of this rule.

(c) Under this option a person seeking reimbursement is not eligible for separate reimbursement of miscellaneous living expenses under paragraph (B)(2)(f) of this rule, meal gratuities under paragraphs (B)(2)(a)(iv) or (B)(2)(f)(ii), or nonmeal gratuities under paragraphs (B)(2)(a)(iii), (B)(2)(a)(v), (B)(2)(f)(i), and (B)(2)(f)(iv) of this rule.

(e) The head of a state agency or his/her designee may require that amounts claimed for meal expenses shall be supported by receipts although receipts may not be required under this rule, and the original receipts shall be submitted to the state agency.

(4) Lodging expenses shall be reimbursed as follows:

(a) In state

Reimbursement for lodging in commercial establishments per individual per calendar day at actual cost up to the following maximum rates plus applicable taxes on the entire room:

(i) Effective July 1, 2002, seventy-five dollars;

(ii) Effective July 1, 2006, eighty dollars.

Reimbursement for lodging in noncommercial private dwellings at a maximum rate of fifteen dollars per individual per calendar day.

(b) Out of state

Reimbursement for lodging in commercial establishments at actual cost when such cost is reasonable as determined by the head of a state agency or his/her designee.

Reimbursement for lodging in noncommercial private dwellings at maximum rate of fifteen dollars per individual per calendar day.

(c) Receipts are required for all lodging expenses.

(5) Miscellaneous living expenses shall be reimbursed at actual cost. Except as otherwise provided, receipts are required for all miscellaneous living exceeding one dollar.

(6) Nonmeal gratuities shall be reimbursed as follows:

(a) Actual cost up to a maximum of ten dollars per day for an person seeking reimbursement who is traveling overnight on the day of travel departure and on the day of return from travel.

(b) Actual cost up to a maximum of five dollars per day for:

(i) An person seeking reimbursement who is traveling overnight on any day of travel other than the day of departure or day of return.

(ii) A person seeking reimbursement who is not traveling overnight.

(c) Meal gratuities shall be reimbursed under paragraphs (A)(1)(b), (B)(2)(a)(iv), and (B)(2)(f)(ii) of this rule and not under this paragraph.

(7) Moving and storage of household goods and personal effects:

Actual cost but not more than the lowest responsive and responsible written price quotation.

(8) Adjustment of rates

The rates established in this rule for interviewing, moving, and temporary living expenses shall be automatically adjusted to reflect any changes in the rates provided in Administrative Code Rule 126-1-02 , rates and requirements for reimbursement of travel expenses of state agents.

(D) Amendment to this rule

An amendment to this rule applies to an interview or move that occurs on or after the effective date of the amendment.

Effective: 05/26/2006
R.C. 119.032 review dates: 06/30/2010
Promulgated Under: 111.15
Statutory Authority: 126.32
Rule Amplifies: 126.32
Prior Effective Dates: 7/1/00

126-1-04 Rules governing the office of budget and management personal information systems.

(A) The personal information systems for the office of budget and management are hereby established according to the requirements of Chapter 1347. of the Revised Code for the purpose of carrying out the provisions of that chapter.

(B) The director of the office of budget and management shall designate one employee to be directly responsible for each of the office's personal information systems. Each such employee shall:

(1) Inform other employees who have any responsibility for the operation or maintenance of the personal information system, or for the use of the personal information maintained in the system, of the applicable requirements under Chapter 1347. of the Revised Code and under this rule.

(2) Assure that the collection, maintenance and use of personal information in the systems is:

(a) Accurate, timely and complete; and,

(b) Necessary and relevant to the functions that, by statute, rule or other legal authority, the office is required or authorized to perform.

(3) Upon the director's approval, eliminate personal information from the system when it is no longer necessary and relevant to the functions the office is required or authorized to perform.

(C) Employees of the office of budget and management shall inform a person who is asked to supply personal information for a system:

(1) Whether the person is legally required to supply the information or may refuse to do so; and,

(2) When the information will be placed in an interconnected or combined system, the identity of other agencies or organizations that have access to information in the system, and any other relevant information about the system.

(D) Upon the request and proper identification of any person who is the subject of information contained in the personal information system, employees of the office of budget and management shall inform the person of the existence and nature of the information, the types of uses made of the information including the identity of the users, and shall permit inspection of the information by the person or his/her attorney or other representative who presents a written authorization from the person who is the subject of information. At the time of inspection, the person who is the subject of information may be accompanied by another person of his choosing. Upon request and as required under sections 1347.08 and 149.43 of the Revised Code, the office of budget and management shall disclose medical, psychiatric or psychological information to a person who is the subject of the information or to his/her legal guardian, unless a physician, psychiatrist or psychologist determines for the office that the disclosure of the information is likely to have an adverse effect on the person, in which case the information shall be released to a physician, psychiatrist, or psychologist who is designated by the person or by his/her legal guardian. If requested, the office shall provide a copy of inspected records, as required under sections 1347.08 and 149.43 of the Revised Code.

(E) When a disclosure of information contained in the personal information system is made pursuant to compulsory legal process, the employees designated under paragraph (B) of this rule shall make a reasonable effort to notify the person who is the subject of the information disclosed.

(F) Any person who disputes the accuracy, relevancy, timeliness, or completeness of personal information pertaining to him/her contained in the personal information system may submit to the director of the office of budget and management a written complaint succinctly setting forth that portion of the information which he/she contests and stating his/her reasons therefor. Within two weeks after receiving a complaint, the director shall investigate the complaint and shall notify the subject complainant of the results of the investigation and the action taken on his/her complaint.

If the complainant is not satisfied with the action of the director taken upon his/her complaint, the complainant may submit a brief statement of his/her position relative to his/her complaint which statement shall be included within the personal information system. The statement shall be included in any subsequent dissemination of the information.

If the director determines that information contained in the personal information system should be deleted or if a statement of the complaint was filed by the complainant, the employees designated under paragraph (B) of this rule shall, at the written request of the complainant, furnish notification that the information has been deleted or furnish a copy of the statement to any person specifically designated by the complainant in his/her written request.

(G) The office of budget and management and its employees shall take reasonable precautions to protect personal information in its systems from unauthorized modification, destruction, use, or disclosure.

(H) Any employee of the office of budget and management who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the personal information systems shall be considered insubordinate and subject to the strictest disciplinary action including removal at the discretion of the director.

R.C. 119.032 review dates: 07/13/2010 and 07/13/2015
Promulgated Under: 119.03
Statutory Authority: R.C. 1347.05
Rule Amplifies: R.C. 1347
Prior Effective Dates: 3/1/77, 9/22/97, 12/16/02