Chapter 4146-23 Appeals Re Decisions or Orders Relative to Contributions, Seasonal Employment, and Benefit Charges

4146-23-01 Who may appeal.

Any employer who claims to be adversely affected by a reconsidered decision or order issued by the director with respect to any determination or order affecting the liability of an employer to pay contributions or the amount of such contributions, determinations respecting applications for refunds of contributions, determinations respecting applications for classification of employment as seasonal employment and exceptions to charges of benefits to an employer's account, may file an appeal.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12/06/1999

4146-23-02 What constitutes an appeal.

Any timely written notice filed with the review commission , with the director or one of the director's deputies, by any employer referred to in rule 4146-23-01 of the Administrative Code, which sets forth the date of the reconsidered decision or order to which it is directed; the name, address and identification number of the appellant; the name, address and official position of the person signing the appeal; the name, address and social security number of any worker the charging of whose benefits is contested; and a brief statement of the reasons therefore, shall constitute an appeal.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12/31/66, 12/06/1999

4146-23-03 Notification of filing of appeal.

Written notification of the filing and receipt of the employer's appeal shall be given by the review commission to the interested parties. In the event the appeal is not filed within the thirty day period provided by statute, the review commission shall dismiss the appeal by written decision, with copies thereof mailed to appellant employer and delivered to the director.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12/31/66, 12/06/1999

4146-23-04 Matters which may be considered.

The issues at a hearing shall not be limited to the issue or issues set forth in the employer's appeal, and any other issues included in the director'sreconsidered decision shall be heard, considered and a decision rendered thereon. If, at the time of filing an appeal, any prior appeal by the same appellant and involving the same or related issues has not been finally determined by the review commission, such prior appeal may, upon notice to the parties, be deemed merged into the latest appeal, and all pending appeals may be disposed of in a single decision.

Effective: 11/17/2013
R.C. 119.032 review dates: 07/07/2009 and 11/17/2018
Promulgated Under: 119.03
Statutory Authority: R.C. 4141.06 , R.C. 4141.14
Rule Amplifies: R.C. 4141.26
Prior Effective Dates: 12/31/66, 12/06/1999

4146-23-05 Decision on non-appearance.

If the appellant-employer fails to appear at a scheduled hearing and does not submit good cause for such failure to appear within ten days after the date of hearing, the review commission shall issue a decision based upon the record.

RC 119.032 review dates: 07/07/2009 and 07/07/2014

R.C. 119.032 review dates: 07/22/2004 and 07/22/2009

Promulgated Under: 119.03

Statutory Authority: R.C 4141.06 , R.C. 4141.14

Rule Amplifies: R.C. 4141.26

Prior Effective Dates: 12-6-99

4146-23-06 Reopening of proceedings prior to decision.

At any time after hearing and prior to the issuance of a decision, the review commission may, on its motion, or in its discretion upon showing of good cause, reopen the matter for further hearing. All parties who appeared at the former hearing shall be given written notice of the date, hour and place of such further hearing in the same manner as was the case in the former hearing.

RC 119.032 review dates: 07/07/2009 and 07/07/2014

R.C. 119.032 review dates: 07/22/2004 and 07/22/2009

Promulgated Under: 119.03

Statutory Authority: R.C 4141.06 , R.C. 4141.14

Rule Amplifies: R.C. 4141.26

Prior Effective Dates: 12-6-99