Ohio § 4115.13
Full text of Ohio Ohio Revised Code § 4115.13, with citation guidance and answers to common questions.
§ 4115.13.
(A) Upon the director's own motion or within five days of the filing of a properly completed
complaint under section 4115.10 or 4115.16 of the Revised Code , the director of commerce, or a representative designated by the director, shall
investigate any alleged violation of sections 4115.03 to 4115.16 of the Revised Code . (B) At the conclusion of the investigation, the director or a designated representative
shall make a determination as to whether the alleged violation was committed. If the director or designated representative determines that the alleged violation
was an intentional violation, the director or designated representative shall give
written notice by certified mail of that determination to the contractor, subcontractor,
or officer of the contractor or subcontractor which also shall state that the contractor,
subcontractor, or officer of the contractor or subcontractor may file with the director
an appeal of the determination within thirty days after the date the notice was received. If the contractor, subcontractor, or officer of the contractor or subcontractor
timely appeals the determination, within sixty days of the filing of the appeal, the
director or designated representative shall schedule the appeal for a hearing. If the contractor, subcontractor, or officer of the contractor or subcontractor
fails to timely appeal the determination, the director or designated representative
shall adopt the determination as a finding of fact for purposes of division (D) of
this section. The director or designated representative, in the performance of any duty or execution
of any power prescribed by sections 4115.03 to 4115.16 of the Revised Code , may hold hearings, and such hearings shall be held within the county in which the
violation of sections 4115.03 to 4115.16 of the Revised Code is alleged to have been committed, or in Franklin county, whichever county the person
alleged to have committed the violation chooses. For the purpose of the hearing, the director may designate a hearing examiner who
shall, after notice to all interested parties, conduct a hearing and make findings
of fact and recommendations to the director. The director shall make a decision, which shall be sent to the affected parties. The director or designated representative may make decisions, based upon findings
of fact, as are found necessary to enforce sections 4115.03 to 4115.16 of the Revised Code . (C) If any underpayment by a contractor or subcontractor was the result of a misinterpretation
of the statute, or an erroneous preparation of the payroll documents, the director
or designated representative may make a decision ordering the employer to make restitution
to the employees, or on their behalf, the plans, funds, or programs for any type of
fringe benefits described in the applicable wage determination. In accordance with the finding of the director that any underpayment was the result
of a misinterpretation of the statute, or an erroneous preparation of the payroll
documents, employers who make restitution are not subject to any further proceedings
pursuant to sections 4115.03 to 4115.16 of the Revised Code . If a contractor's or subcontractor's underpayment to an employee is less than one
thousand dollars, the contractor or subcontractor is not subject to any further proceedings
under sections 4115.03 to 4115.16 of the Revised Code for that underpayment if the contractor or subcontractor makes full restitution to
the affected employee. (D) If the director or designated representative makes a decision, based upon findings
of fact, that a contractor, subcontractor, or officer of a contractor or subcontractor
has intentionally violated sections 4115.03 to 4115.16 of the Revised Code , the contractor, subcontractor, or officer of a contractor or subcontractor is prohibited
from contracting directly or indirectly with any public authority for the construction
of a public improvement or from performing any work on the same as provided in section 4115.133 of the Revised Code . A contractor, subcontractor, or officer of a contractor or subcontractor may appeal
the decision, within sixty days after the decision, to the court of common pleas of
the county in which the first hearing involving the violation was heard. If the contractor, subcontractor, or officer of a contractor or subcontractor does
not timely appeal the determination of the director or designated representative under
division (B) of this section, the contractor, subcontractor, or officer of a contractor
or subcontractor may appeal the findings of fact, within sixty days after the determinations
are adopted as findings of fact, to the court of common pleas within the county in
which the violation of sections 4115.03 to 4115.16 of the Revised Code is alleged to have been committed or in Franklin county, whichever county the person
alleged to have committed the violation chooses. (E) No appeal to the court from the decision of the director may be had by the contractor
or subcontractor unless the contractor or subcontractor files a bond with the court
in the amount of the restitution, conditioned upon payment should the decision of
the director be upheld. (F) No statement of a contractor, subcontractor, or officer of a contractor or subcontractor
and no determination, recommendation, or finding of fact issued under this section
is admissible as evidence in a criminal action brought under this chapter against
the contractor, subcontractor, or officer of a contractor or subcontractor. (G) In determining whether a contractor, subcontractor, or officer of a contractor or
subcontractor intentionally violated sections 4115.03 to 4115.16 of the Revised Code , the director may consider as evidence either of the following: (1) The fact that the director, prior to the commission of the violation under consideration,
issued notification to the contractor, subcontractor, or officer of a contractor or
subcontractor of the same or a similar violation, provided that the commission of
the same or a similar violation of sections 4115.03 to 4115.16 of the Revised Code at a subsequent time does not create a presumption that the subsequent violation
was intentional; (2) The fact that, prior to the commission of the violation, the contractor, subcontractor,
or officer of a contractor or subcontractor used reasonable efforts to ascertain the
correct interpretation of sections 4115.03 to 4115.16 of the Revised Code from the director or 4115.04 1 or 4115.131 of the Revised Code , provided that a violation is presumed not to be intentional where a contractor,
subcontractor, or officer of a contractor or subcontractor complies with a decision
the director or designated representative issues pursuant to a request made under section 4115.131 of the Revised Code . (H) As used in this section, “ intentional violation ” means a willful, knowing, or deliberate failure to comply with any provision of sections 4115.03 to 4115.16 of the Revised Code , and includes, but is not limited to, the following actions when conducted in the
manner described in this division: (1) An intentional failure to submit reports as required under division (C) of section 4115.071 of the Revised Code or knowingly submitting false or erroneous reports; (2) An intentional misclassification of employees for the purpose of reducing wages; (3) An intentional misclassification of employees as independent contractors or as apprentices; (4) An intentional failure to pay the prevailing wage; (5) An intentional failure to comply with the allowable ratio of apprentices to skilled
workers as required under section 4115.05 of the Revised Code and by rules adopted by the director pursuant to section 4115.12 of the Revised Code ; (6) Intentionally allowing an officer of a contractor or subcontractor who is known to
be prohibited from contracting directly or indirectly with a public authority for
the construction of a public improvement or from performing any work on the same pursuant
to section 4115.133 of the Revised Code to perform work on a public improvement. 1
Prior and current versions differ; although no amendment to this language appeared
in 1999 H 471 or 2011 H 153, “4115.04” appeared as “designated representative or the
public authority pursuant to section 4115.04” in 1995 S 162.
Frequently Asked Questions About Ohio § 4115.13
What does Ohio Revised Code § 4115.13 cover?
Section 4115.13 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4115.13?
A common citation format is "Ohio Revised Code § 4115.13" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4115.13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.