LAW
Writer®
Ohio Laws and Rules
(A) The county department of job and family services (CDJFS) shall have a conciliation process to resolve disputes which arise concerning required FSET participation. The conciliation process may be initiated by the participant or by the CDJFS.
(B) The conciliation process must be posted within the CDJFS and must be given in writing to each FSET participant during the appraisal interview pursuant to the provisions of rule 5101:4-3-29 of the Administrative Code.
(C) The conciliation process shall include, but is not limited to:
(1) Disputes over assignments.
(2) Inappropriate treatment by a CDJFS employee or worksite supervisor.
(3) Irregular work hours that create a severe hardship on the participant.
(4) Worksite assignments that deviate from the normal duties of the job.
(5) Disagreement with disciplinary action at the worksite involving the participant.
(6) Other areas of concern to the participant relating to participation.
(7) Disputes concerning working conditions and workers’ compensation coverage.
(8) Wage rate calculations to determine the hours of participation.
(9) Disputes concerning failure to participate in the FSET program.
(D) The CDJFS shall maintain an accurate record of all conciliation requests, including any pertinent facts and the resolution of the conciliation. Once a conciliation request is initiated, the CDJFS should attempt an informal resolution.
(E) The conciliation process may be initiated by:
(1) A written notice from the CDJFS to the participant for a conciliation conference; or
(2) A written or verbal request from the participant to the CDJFS for a conciliation conference; or
(3) A written or verbal request from the participant to the CDJFS for a conciliation conference when there is an act of nonparticipation. The conciliation process requires that such requests shall be made within seven calendar days which begins the day following the day of nonparticipation.
(F) A resolution of the conciliation process, initiated in accordance with paragraph (E) of this rule, shall be reached within a maximum of fifteen calendar days beginning with the date the conciliation process was initiated. No adverse action, as related to the FSET program, may be proposed until the conciliation process, if requested, is concluded.
(G) The participant may have a representative at the conciliation conference and shall be notified in writing of this right.
(H) When a conciliation process is initiated, the CDJFS shall convene a conciliation conference which is presided over by the director or a designee. Both the CDJFS and the individual may bring whomever each reasonably wants to be at the conference in an attempt to informally resolve differences. When appropriate, the worksite supervisor may attend, or information from the worksite supervisor as requested by the CDJFS may be presented.
(I) The conciliation conference does not replace the right to request a county conference pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code and the conciliation process shall not in any way limit the participant’s hearing rights.
(J) The individual shall be notified in writing of the outcome of the conciliation conference. The notification shall also contain an explanation of the right to a state hearing pursuant to the provisions of Chapters 5101:6-1 to 5101:6-9 of the Administrative Code. When the conciliation conference is to be followed by a proposal of an adverse action, the prior notice sent to the individual will fulfill this requirement.
Effective: 10/01/2007
R.C. 119.032 review dates: 07/11/2007 and 10/01/2012
Promulgated Under: 119.03
Statutory Authority: 5101.54
Rule Amplifies: 5101.54, 5107.40, 5107.69
Prior Effective Dates: 3/1/83, 3/1/87, 12/1/87 (EMER.), 2/15/88, 6/30/89 (EMER.), 9/23/89, 11/1/90, 7/1/91, 10/1/97 (EMER.), 12/20/97, 1/20/03