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