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 publishing a public notice in the register of Ohio.

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(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates;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

(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. A request can be made by contacting the office of budget and management, 30 East Broad street, 34th floor, Columbus, Ohio 43266-0411, by telephone at (614) 466-6674 or by email at OBM.Communications@obm.ohio.gov. Each request shall include the name and mailing address or email address of the person desiring the copy of the public notice.

(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) 466-6674 or by email at OBM.HumanResources@obm.ohio.gov 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 or email to all persons who are subject to or affected by the proposed rule, amendment, or rescission .

Effective: 6/8/2015
Five Year Review (FYR) Dates: 03/24/2015 and 05/29/2020
Promulgated Under: 119.03
Statutory Authority: 119.03 , 126.08
Rule Amplifies: 119.03
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 and relocation expenses.

(A) Interviewing travel expenses

A state agency may reimburse within the reimbursement rates and terms allowed by this rule the interviewing travel expenses of a person who is interviewing for a position identified in division (A) of section 126.32 of the Revised Code.

(1) Reimbursable expenses

The following interviewing travel expenses may be reimbursed:

(a) Transportation expenses for the same expenses and at the same rates and terms as those authorized for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

(b) Meal and incidental expenses at the same rates and terms as those authorized for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

(c) Lodging expenses if the residence of the person interviewing is more than forty-five miles from the interview site at the same rates and terms as those authorized for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

(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 for every expense that reimbursement is sought under this rule; and

(c) Within sixty days of the interview, submit to the office of budget and management a voucher with the statement itemizing interviewing expenses, all required receipts, and a position description, personnel action, or job posting indicating that the position for which the person is interviewing is a position identified in division (A) of section 126.32 of the Revised Code. This time frame may be extended by the head of the interviewing 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 date of the last expense incurred.

(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 and reasonableness of the reimbursement of the interviewing expenses.

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

(B) Relocation 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 a position identified in division (B) of section 126.32 of the Revised Code if the appointment requires a permanent change of residence.

(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, and/or 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. All expenses shall be at the same rate and terms as transportation expenses authorized for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

(iv) Meal and incidental expenses 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 at the same rate and terms as those established for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

(v) Lodging expenses 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 until the day that the furniture arrives at the new location at the same rate and terms as those established for reimbursement to state agents in accordance with rule 126-1-02 of the Administrative Code.

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

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

(i) Lodging expenses at the same reimbursement rates and terms authorized for state agents in accordance with rule 126-1-02 of the Administrative Code.

(ii) Meals and incidental expenses at the same reimbursement rates and terms authorized for state agents in accordance with rule 126-1-02 of the Administrative Code.

(iii) Reasonable miscellaneous living expenses at the same reimbursement rates and terms authorized for state agents in accordance with rule 126-1-02 of the Administrative Code.

(iv) Except for those appointees appointed to a position in a foreign office under section 122.05 of the Revised Code, transportation expenses at the same reimbursement rates authorized for state agents in accordance with rule 126-1-02 of the Administrative Code for the appointee between the new location and the former residence 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 transportation expenses during this period.

(v) With prior written approval of the director budget and management, a state agency may extend the period of time for temporary living expenses under this paragraph for a person appointed to a position under section 122.05 of the Revised Code for a reasonable amount of time as determined by the director.

(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, the invoice for moving and storage, and all receipts for every expense that reimbursement is sought to the appointing state agency; and

(iii) Within sixty days of the date that the household goods and personal effects of the appointee and the appointee's immediate family residing in the appointee's household arrived at the appointee's new residence 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, all required receipts, and a position description, personnel action, or job posting indicating that the appointee was appointed to a position identified in division (B) of section 126.32 of the Revised Code. 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 date that the household goods and personal effects arrived at the appointee's new residence.

(iv) Moving and storage of household goods and personal effects shall be reimbursed at actual cost but not more than the lowest responsive and responsible written price quotation.

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

(i) Obtain from the appointee a statement itemizing expenses for meals, lodging, and transportation or temporary living expenses;

(ii) Obtain from the appointee receipts for every expense that reimbursement is sought under this rule; and

(iii) Within sixty days of the last expense incurred under this paragraph, submit to the office of budget and management a voucher with the statement itemizing expenses, all required receipts, and a position description, personnel action, or job posting indicating that the appointee was appointed to a position identified in division (B) of section 126.32 of the Revised Code. 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 date of the last expense incurred.

(c) With prior approval of the office of budget and management, moving and temporary living expenses may be directly billed to the appointing agency pursuant to this paragraph. Arrangements for direct billing must be made by the appointee with the appointing state agency prior to the appointee incurring any expense. Any reimbursable moving and temporary living expenses that are not directly billed are eligible for reimbursement as described in this rule. 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.

(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.

(d) The approval of the voucher for the expenses constitutes the appointing agency's certification of the propriety and reasonableness of the reimbursement of the moving, temporary living, and travel expenses.

(C) Non-reimbursable expenses

A state agency shall not reimburse a person being interviewed or appointed under this rule for those expenses defined as "non-reimbursable travel expense" pursuant to rule 126-1-02 of the Administrative Code.

(D) Within the limitations of section 126.32 of the Revised Code, 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. 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.

(E) Amendment to this rule

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

Replaces: 126-1-03

Effective: 7/27/2017
Five Year Review (FYR) Dates: 05/11/2022
Promulgated Under: 111.15
Statutory Authority: 126.32
Rule Amplifies: 126.32
Prior Effective Dates: 7/1/2000, 3/1/06 (Emer), 5/26/2006

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.

Five Year Review (FYR) Dates: 07/13/2015 and 07/13/2020
Promulgated Under: 111.15
Statutory Authority: 1347.05
Rule Amplifies: R.C. 1347
Prior Effective Dates: 3/1/77, 9/22/97, 12/16/02, 7/23/2010