Ohio § 5703.37
Full text of Ohio Ohio Revised Code § 5703.37, with citation guidance and answers to common questions.
§ 5703.37.
(A)(1) Except as provided in division (B) of this section, whenever service of a notice
or order is required in the manner provided in this section, a copy of the notice
or order shall be served upon the person affected thereby either by personal service,
by certified mail, or by a delivery service authorized under section 5703.056 of the Revised Code that notifies the tax commissioner of the date of delivery. (2) In lieu of serving a copy of a notice or order through one of the means provided
in division (A)(1) of this section, the commissioner may serve a notice or order upon
the person affected thereby through alternative means as provided in this section,
including, but not limited to, delivery by secure electronic mail as provided in division
(F) of this section or by ordinary mail. Delivery by such means satisfies the requirements for delivery under this section. (B)(1)(a) If certified or ordinary mail is returned because of an undeliverable address, the
commissioner shall first utilize reasonable means to ascertain a new last known address,
including the use of a change of address service offered by the United States postal
service or an authorized delivery service under section 5703.056 of the Revised Code . If, after using reasonable means, the commissioner is unable to ascertain a new
last known address, the assessment is final for purposes of section 131.02 of the Revised Code sixty days after the notice or order is first returned to the commissioner, and the
commissioner shall certify the notice or order, if applicable, to the attorney general
for collection under section 131.02 of the Revised Code . (b) Notwithstanding certification to the attorney general under division (B)(1)(a) of
this section, once the commissioner or attorney general, or the designee of either,
makes an initial contact with the person to whom the notice or order is directed,
the person may protest an assessment by filing a petition for reassessment within
sixty days after the initial contact. The certification of an assessment under division (B)(1)(a) of this section is prima-facie
evidence that delivery is complete and that the notice or order is served. (2) If mailing of a notice or order by certified or ordinary mail is returned for some
cause other than an undeliverable address or if a person does not access an electronic
notice or order within the time provided in division (F) of this section, the commissioner
shall resend the notice or order by ordinary mail. The notice or order shall show the date the commissioner sends the notice or order
and include the following statement: “This notice or order is deemed to be served on the addressee under applicable law
ten days from the date this notice or order was mailed by the commissioner as shown
on the notice or order, and all periods within which an appeal may be filed apply
from and after that date.” Unless the mailing is returned because of an undeliverable address, the mailing of
that information is prima-facie evidence that delivery of the notice or order was
completed ten days after the commissioner resent the notice or order by ordinary mail
and that the notice or order was served. If the mailing is subsequently returned because of an undeliverable address, the commissioner
shall proceed under division (B)(1)(a) of this section. A person may challenge the presumption of delivery and service under this division
in accordance with division (C) of this section. (C)(1) A person disputing the presumption of delivery and service under division (B) of
this section bears the burden of proving by a preponderance of the evidence that the
address to which the notice or order was sent was not an address with which the person
was associated at the time the commissioner originally mailed the notice or order. For the purposes of this section, a person is associated with an address at the
time the commissioner originally mailed the notice or order if, at that time, the
person was residing, receiving legal documents, or conducting business at the address;
or if, before that time, the person had conducted business at the address and, when
the notice or order was mailed, the person's agent or the person's affiliate was conducting
business at the address. For the purposes of this section, a person's affiliate is any other person that,
at the time the notice or order was mailed, owned or controlled at least twenty per
cent, as determined by voting rights, of the addressee's business. (2) If the person elects to protest an assessment certified to the attorney general for
collection, the person must do so within sixty days after the attorney general's initial
contact with the person. The attorney general may enter into a compromise with the person under sections 131.02 and 5703.06 of the Revised Code if the person does not file a petition for reassessment with the commissioner. (D) Nothing in this section prohibits the commissioner or the commissioner's designee
from delivering a notice or order by personal service. (E) Collection actions taken pursuant to section 131.02 of the Revised Code upon any assessment being challenged under division (B)(1)(b) of this section shall
be stayed upon the pendency of an appeal under this section. If a petition for reassessment is filed pursuant to this section on a claim that
has been certified to the attorney general for collection, the claim shall be uncertified. (F)(1) The commissioner may serve a notice or order upon the person affected by the notice
or order or that person's authorized representative through secure electronic means
associated with the person's or representative's last known address, but only with
the person's consent. The commissioner must inform the recipient, electronically or by mail, that a notice
or order is available for electronic review and provide instructions to access and
print the notice or order. The types of electronic notification the commissioner may use include electronic
mail, text message, or any other form of electronic communication. The recipient's electronic access of the notice or order satisfies the requirements
for delivery under this section. If the recipient fails to access the notice or order electronically within ten business
days, then the commissioner shall inform the recipient a second time, electronically
or by mail, that a notice or order is available for electronic review and provide
instructions to access and print the notice or order. If the recipient fails to access the notice or order electronically within ten business
days of the second notification, the notice or order shall be served upon the person
through the means provided in division (B)(2) of this section. (2) The tax commissioner shall establish a system to issue notification of assessments
to taxpayers through secure electronic means. (G) As used in this section: (1) “ Last known address ” means the address the department has at the time the document is originally sent
by certified or ordinary mail, or any address the department can ascertain using reasonable
means such as the use of a change of address service offered by the United States
postal service or an authorized delivery service under section 5703.056 of the Revised Code . For documents sent by secure electronic means, “ last known address ” means an electronic mode of communication that is identified on a form prescribed
by the commissioner for such purpose or that is associated with the person or the
authorized representative of the person as of the date the notification was sent on
the Ohio business gateway, as defined in section 718.01 of the Revised Code , or another electronic filing or payment system prescribed by the commissioner. (2) “ Undeliverable address ” means an address to which the United States postal service or an authorized delivery
service under section 5703.056 of the Revised Code is not able to deliver a notice or order, except when the reason for nondelivery
is because the addressee fails to acknowledge or accept the notice or order.
Frequently Asked Questions About Ohio § 5703.37
What does Ohio Revised Code § 5703.37 cover?
Section 5703.37 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 § 5703.37?
A common citation format is "Ohio Revised Code § 5703.37" (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 § 5703.37 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.