Chapter 4141-27 Application for Benefits

4141-27-01 Application for determination of benefit rights.

(A) An application for determination of benefit rights shall be made by the unemployed individual in a manner prescribed by the director. An individual shall furnish his or her social security account number, the social security numbers of the applicant's spouse and other individuals claimed as dependents and any other information necessary to make a determination of the application. An individual may be permitted to file an application for determination of benefit rights by telephone or other electronic means as provided by rule 4141-19-01 of the Administrative Code if one or more of the following factors apply:

(1) The individual resides in Ohio at the time of application,; or

(2) The individual had Ohio employment as defined in section 4141.01 of the Revised Code,; or

(3) The individual is physically present in Ohio at the time of the application.

(B) The director shall examine the first claim for benefits filed in any benefit year, and any additional claim, and on the basis of any facts found by the director, determine whether the claimant's most recent separation and, to the extent necessary, prior separations from work are disqualifying separations under division (D)(2) of section 4141.29 of the Revised Code. However, where a claimant has been employed in covered employment for six weeks or more with the claimant's most recent separating employer and earned or has been paid an amount for all such weeks that is six times twenty-seven and one-half per cent of the state average weekly wage as computed under division (B)(3) of section 4141.30 of the Revised Code, separations prior to the claimant's most recent separation shall not be examined.

(C) If the director determines that the most recent separation or a separation that occurred prior to the week for which the claim is filed is disqualifying, the director shall disqualify the claimant for the duration of his or her unemployment as defined in division (G) of section 4141.29 of the Revised Code.

(D) If the claimant is or was in concurrent employment with two or more employers prior to his most recent separation, and the claimant quit employment with one of the employers, such quit will be considered non-disqualifying if:

(1) The remuneration, hours, or other conditions of such employment are substantially less favorable than the other work that he or she was performing at the time of the quit; and

(2) The employment, if offered as new work, would be considered not suitable under the provisions of divisions (E) and (F) of section 4141.29 of the Revised Code.

(E) If an individual is disqualified from receiving benefits pursuant to paragraph (C) of this rule or left employment under the provisions of paragraph (D) of this rule, then benefits that may become payable to such claimant, that are chargeable to the account of the employer from whom he or she was separated under such conditions, shall be charged to the mutualized account provided in section 4141.25 of the Revised Code, provided that no charge shall be made to the mutualized account for benefits chargeable to a reimbursing employer except as provided in division (D)(2) of section 4141.24 of the Revised Code. In the case of a reimbursing employer, the director shall refund or credit to the account of the reimbursing employer any over-paid benefits that are recovered under division (B) of section 4141.35 of the Revised Code.

(F) Any benefits that would otherwise be chargeable to the account of the employer from whom an individual quit employment under conditions described in paragraph (D) of this rule, shall instead be charged to the mutualized account as provided in division (H) of section 4141.29 of the Revised Code.

(G) The application for determination of benefit rights shall not be considered valid unless the individual has performed services in covered employment in six weeks since the beginning of the previous benefit year for which remuneration was paid or is payable, and with respect to such services earned or was paid three times the average weekly wage determined for the previous benefit year. Compensation paid to an individual whichthat is not for services performed, including but not limited to back pay, shall not be used to meet this requirement.

Effective: 01/01/2006
R.C. 119.032 review dates: 09/28/2005 and 01/01/2011
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.28 , 4141.29
Prior Effective Dates: 1/6/74, 7/3/86, 5/1/93, 6/3/96, 3/26/99, 12/14/99, 1/15/01, 1/26/02, 2/22/04

4141-27-04 Filing claims for benefits.

(A) A claim for benefits shall be filed weekly or biweekly, in a manner prescribed by the director, by the unemployed individual who has filed an application for determination of benefit rights. An individual filing a claim for benefits shall furnish any information necessary to determine the individual's eligibility for benefits. When an individual has been permitted to register and file a claim by mail, in accordance with rule 4141-29-01 of the Administrative Code, such claim shall be deemed to have been filed on the date on which it is postmarked in accordance with rule 4141-19-01 of the Administrative Code.

Effective: 01/01/2006
R.C. 119.032 review dates: 09/28/2005 and 01/01/2011
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.28 , 4141.29
Prior Effective Dates: 1/6/74, 7/3/86, 12/30/91, 1/15/01, 2/22/04

4141-27-05 Time limitation for filing claim for benefits within the benefit year.

(A) When a benefit year has been established and a claim for benefits is filed for a week of total or partial unemployment, to be valid, the claim must be filed not later than the end of the third calendar week immediately following such week.

(B) In exceptional cases, when it is shown to the satisfaction of the director that an individual has been deterred by circumstances beyond the individual's control from filing a claim as prescribed in this rule, the director may extend the time limitations to file.

Effective: 01/25/2010
R.C. 119.032 review dates: 11/10/2009 and 01/01/2015
Promulgated Under: 4141.14
Statutory Authority: 4141.13
Rule Amplifies: 4141.29
Prior Effective Dates: 7/3/86, 12/30/91, 6/3/96, 1/15/01, 2/22/04

4141-27-06 Deferred reporting. [Rescinded].

Rescinded eff 2-22-04

4141-27-08 Corrected determinations and decisions. [Rescinded].

Rescinded eff 2-22-04

4141-27-09 Requests for redetermination and appeal.

(A) Any interested party notified of a determination of an application for determination of benefit rights or a claim for benefits may, within twenty-one calendar days after the date the notice was sent, appeal the determination in the manner prescribed by section 4141.281 of the Revised Code. An appeal of a determination shall be deemed to be a request for redetermination during the period the director has jurisdiction.

(B) Upon receipt of a request for redetermination/appeal, the director shall issue a redetermination or transfer the request to the commission.

(1) If the director issues a redetermination, it shall void the prior determination. Such redetermination is appealable to the same extent as a determination.

(2) If the director transfers the request for redetermination/appeal to the commission, the commission shall acquire jurisdiction over the appeal as of the date of transfer.

(3) If the director receives a request for redetermination/appeal under this division but fails to issue a redetermination within twenty-one days, the commission shall acquire jurisdiction with respect to the appeal as of the day after the twenty-one day period.

(C) For the purposes of division (C)(3) of section 4141.281 of the Revised Code, the "director's file" required to be included in the record on appeal shall include the following:

(1) The determination or redetermination under appeal;

(2) All information in the file pertaining to, or upon which, the determination or redetermination was based;

(3) Any information, received by the director prior to the transfer of the request for redetermination/appeal to the commission, that relates to the facts or circumstances upon which the determination or redetermination was based.

Eff 10-1-98; 1-15-01; 1-26-02; 2-22-04
Rule promulgated under: RC 119.03 , 4141.14
Rule authorized by: RC 4141.13
Rule amplifies: RC 4141.28 , 4141.281
R.C. 119.032 review dates: 11/10/2009 and 11/01/2014

4141-27-10 Timeliness of appeals.

(A) An appeal filed pursuant to section 4141.281 of the Revised Code is timely filed if filed within twenty-one calendar days after the director's notice of determination or redetermination was sent to the interested party's last known post office address.

(B) In determining whether an appeal filed pursuant to section 4141.281 of the Revised Code was filed timely, the director and the unemployment compensation review commission shall take administrative notice of and accept the "date mailed" appearing on the notice of determination or redetermination as sufficient evidence to establish the date on which the determination or redetermination was sent.

Eff 6-3-96; 3-26-99; 1-15-01; 2-22-04
Rule promulgated under: RC 119.03 , 4141.14
Rule authorized by: RC 4141.13
Rule amplifies: RC 4141.281
R.C. 119.032 review dates: 11/10/2009 and 11/01/2014

4141-27-11 Establishing benefit year beginning date and additional reporting. [Rescinded].

Rescinded eff 2-22-04