(A) A PEO with whom a shared employee is coemployed shall provide a list of all of the following information to the client employer upon the written request of the client employer:
(1) All premiums and payroll associated with that client employer;
(2) All workers' compensation claims, and the compensation and benefits paid, and reserves established for each claim; and
(3) Any other information available to the PEO from the bureau regarding that client employer.
(B) The PEO shall provide the information required under paragraph (A) of this rule in writing to the requesting client employer within forty-five days after receiving a written request from the client employer. A PEO has provided the required information to the client employer when:
(1) The information is received by the United States postal service; or
(2) When the information is personally delivered, in writing, directly to the client employer. For purposes of this rule, a communication sent via electronic mail is personally delivered at the time the communication was sent by the PEO to a valid electronic mail address for the client employer.
(C) If a PEO fails to comply with a client employer's written request for information, the client employer may submit a complaint to the bureau.
(1) The bureau will investigate the complaint to determine whether the PEO has met the requirements of this rule.
(2) If the bureau finds the PEO has failed to meet the requirements of this rule:
(a) The bureau will provide the requested information to the client employer. All administrative costs associated with investigation and providing the information to the client employer will be assessed to the PEO;
(b) The bureau will provide the PEO's client employers with notification of the failure to comply with the rule, and advise the client employers of their ability to request information under this rule.
Replaces: Part of 4123-17-15
R.C. 119.032 review dates: 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4121.30 , 4123.05 , 4125.02
Rule Amplifies: 4125.03
Prior Effective Dates: 7/1/97; 11/22/04