Chapter 4146-25 Further Appeals

4146-25-01 Requests for review to review commission.

A request for review to the review commission may be taken by any interested party by filing a request for review from a decision by a hearing officer.

Any written notice stating that the interested party appeals from or desires a review of the decision of the hearing officer on a hearing officer level appeal shall constitute a request for review to the review commission. If the appellant desires to submit additional evidence, the appellant should so state and set forth a brief statement thereof.

R.C. 119.032 review dates: 07/07/2009 and 07/07/2014

Promulgated Under: 119.03

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

Rule Amplifies: R.C. 4141.281

Prior Effective Dates: 5-1-92, 12-6-99

4146-25-02 Furnishing of hearing officer level hearing record to appealing party when a request for review is filed.

When a request for review has been filed, the appealing party may either obtain a copy of the hearing officer level hearing record and/or file, at cost, before the review commission acts upon the request for review, if the request is made in order to supplement a request for review. The hearing record request should be made at the time the request for review is filed or received by the review commission within ten days of the date the request for review is filed.

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. 4141.281
Prior Effective Dates: 12/06/1999

4146-25-03 Disposition of a request for review.

The review commission shall allow or disallow any request for review after an examination and consideration of the entire record, and the request for review.

(A) Disallowance of request for review

If a request for review is disallowed by order of the review commission, a copy of the order, setting forth the date of mailing, shall be mailed to the last known post office address of each interested party, and shall include a statement of statutory appeal rights as required by paragraph (A) of rule 4146-9-01 of the Administrative Code.

(B) Allowance of request for review

If a request for review is allowed by the review commission, notification of the allowance shall be mailed to the last known post office address of each interested party. In addition to cases where the review commission allows a request for review on its merits, the review commission will allow any timely request for review where the appellee at the hearing officer level hearing, now the appellant, shows good cause for having failed to appear at a hearing officer level hearing on the initial appeal. The commission will also allow a timely request for review whenever a material point is involved on which the record is silent or incomplete or appears to be erroneous, or it appears that there may have been a denial of a fair hearing under these rules of procedure.

(C) Notice of allowed request; response.

(1) Notice that a request for review has been allowed shall be mailed to the last known post office address of each interested party. The notice shall include a copy of the request for review.

(2) Notice that a request for review has been allowed shall advise the appellee that the appellee may respond to the request for review prior to the review commission's disposition of the allowed request for review.

(3) In order to respond to the request for review, the appellee may obtain a copy of the first level hearing record and/or file at cost . The request must be filed with the commission within ten days after the mailing date of the notice that a request for review has been allowed.

(4) Any response to a notice of an allowed request for review must be filed with the review commission within:

(a) Ten days of the date of mailing of the notice that a request for review has been allowed or,

(b) Ten days of the date of mailing of the first level hearing

record referred to in paragraph (C)(3) of this rule.

(5) Responses are considered to be timely filed when they are received by the review commission, and one of the following occurs:

(a) Receipt is before the close of business on the last day of the filing period;

(b) The response is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(c) The response is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(d) The response is faxed and received by the commission prior to midnight of the last day of the filing period.

(D) Disposition of an allowed request for review

The review commission may dispose of an allowed request for review by taking one of the following actions:

(1) Without further hearing, rewrite the hearing officer's decision, affirming, modifying, or reversing such decision.

(2) Affirm the hearing officer's decision without further hearing or issuing a decision.

(3) Hold further proceedings at review level or assign such to a hearing officer to conduct a hearing for the review commission.

(E) Notice of any further proceeding shall be mailed to the last known post office address of each interested party as provided in paragraph (A) of rule 4146-5-04 of the Administrative Code.

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. 4141.281
Prior Effective Dates: 12/06/1999

4146-25-04 Disposition of an application for appeal in a labor dispute case.

Upon receipt of an application for appeal from the director's hearing officer in a labor dispute case, the review commission shall review the decision of the hearing officer and the full record of the case, including the transcript of the hearing. This review shall be completed within fourteen days after receipt of the director's decision or the receipt of the record, whichever is later. After review, the commission shall dispose of the application as follows:

(A) The commission may disallow the application without further hearing. The disallowance is an affirmation of the director's decision.

(B) The commission may allow the application and schedule a further hearing.

(C) If the application is allowed and further hearing granted, the commission shall make the director's record a part of the commission's record and consider that record in arriving at a decision, affirming, reversing or modifying the director's decision.

(D) The review commission shall send a copy of its decision to all interested parties as follows:

(1) Where the application is disallowed, notice shall be mailed within fourteen days after the commission makes the decision to disallow.

(2) Where the application is allowed and a hearing held, a decision shall be mailed within fourteen days after the hearing.

(3) The time limits to review an application or mail a decision may be extended by agreement of all interested parties or for good cause established by the commission.

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. 4141.283
Prior Effective Dates: 12/06/1999