(A) The director may permit documents and information that are required to be filed with the director within statutorily defined time frames in Chapter 4141. of the Revised Code to be filed or submitted through the use of electronic means including, but not limited to, a facsimile device, electronic network, or the internet.
(B) All documents, reports, application, appeals, notices, exceptions, voluntary contributions, payments and other information required to be filed with the director within statutorily defined time frames will be considered timely filed if received by the director within the time prescribed in Chapter 4141. of the Revised Code, except as follows:
(1) Use of U.S. postal service
(a) If the United States postal service is used as the means of delivery, the enclosing envelope must have a postmark date, as governed by the United States postal regulations, that is on or before the last day of the statutorily defined time frame.
(b) Where the postmark date is illegible or missing, the documents, reports, applications, appeals, notices, exceptions, voluntary contributions, payments, and other information is timely filed if received no later than the end of the fifth calendar day following the last day of the statutorily defined time frame.
(2) Use of postage meter mail
(a) Postage meter mail supported by "Post Office Form 3817" will be considered to have been received by the department on the date of the cancellation appearing on "Post Office Form 3817."
(b) Other postage meter mail will be considered to have been received by the department on the date appearing on the meter imprint. However, if postage meter mail is received by the department more than five calendar days after such date, the director may request that additional evidence verifying the meter imprint date be provided and consider such evidence in determining the date of receipt.
(3) Use of "electronic means"
(a) When electronic means are used as the method of delivery, the document or information submitted must be received by a facsimile device, electronic device, or at an electronic address designated, operated and maintained by the director; and be confirmed by the director to have been received within the statutorily prescribed time frame.
(b) If the director finds that a document or information received electronically is unintelligible or incomplete, the director may disregard the transmitted document or information in rendering a determination, decision, or order with respect to which the transmitted document or information would otherwise be relevant.
(4) Extended filing
When documents, reports, applications, appeals, notices, exceptions, voluntary contributions, payments and other information required to be filed have a due date that falls on Saturday, Sunday, or a legal holiday as defined by section 1.14 of the Revised Code, they shall be considered timely if filed in person on the next work day.
(C) Where the department has not received, has disregarded as unintelligible or incomplete, or is unable to locate an appeal, said appeal will be considered to have been received timely if the sender provides independent verification to demonstrate that the appeal was mailed, submitted electronically or filed in person within the statutorily prescribed time frame.
(1) For purposes of this rule, "facsimile device" means a device that electronically or telephonically receives and transmits reproductions or facsimiles of documents.
(2) For the purposes of this rule, "internet" means an electronic communications network that connects computer networks and organizational computer facilities via routers worldwide.
(3) For the purposes of the rule, "workday" means any day that is not a Saturday, Sunday, or legal holiday.
(4) For the purposes of this rule, "electronic means" includes, but is not limited to, a facsimile device, electronic network, or the internet.
R.C. 119.032 review dates: 09/28/2005 and 01/01/2011
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.20 , 4141.23 , 4141.24 , 4141.241 , 4141.26 , 4141.28
Prior Effective Dates: 1/1/72, 7/3/86, 5/29/90, 6/1/94, 7/1/98, 3/26/99, 12/14/99, 1/15/01, 1/26/02, 1/1/03