Ohio § 4141.281

§ 4141.281.

APPEALS (A) APPEAL FILED Any party notified of a determination of benefit rights or a claim for benefits determination

may appeal within twenty-one calendar days after the written determination was sent

to the party or within an extended period as provided under division (D)(9) of this

section. (B) REDETERMINATION Within twenty-one days after receipt of the appeal, the director of job and family

services shall issue a redetermination or transfer the appeal to the unemployment

compensation review commission.  A redetermination under this section is appealable in the same manner as an initial

determination by the director. (C) REVIEW COMMISSION (1) JURISDICTION The commission shall provide an opportunity for a fair hearing to the interested parties

of appeals over which the commission has jurisdiction.  The commission has jurisdiction over an appeal on transfer or on direct appeal to

the commission.  If the commission concludes that a pending appeal does not warrant a hearing, the

commission may remand the appeal to the director for redetermination.  The commission retains jurisdiction until the appeal is remanded to the director

or a final decision is issued and appealed to court, or the time to request a review

or to appeal a decision of a hearing officer or the commission is expired. (2) CONDUCT OF HEARINGS Hearings before the commission are held at the hearing officer level and the review

level.  Unless otherwise provided in this chapter, initial hearings involving claims for

compensation and other unemployment compensation issues are conducted at the hearing

officer level by hearing officers appointed by the commission.  Hearings at the review level are conducted by hearing officers appointed by the

commission, by members of the commission acting either individually or collectively,

and by members of the commission and hearing officers acting jointly.  In all hearings conducted at the review level, the commission shall designate the

hearing officer or officers who are to conduct the hearing.  When the term “ hearing officer ” is used in reference to hearings conducted at the review level, the term includes

members of the commission.  All decisions issued at the review level are issued by the commission. Provisions contained in the remainder of this paragraph apply to hearings at both

the hearing officer level and the review level.  The principles of due process in administrative hearings shall be applied to all

hearings conducted under the authority of the commission.  In conducting hearings, all hearing officers shall control the conduct of the hearing,

exclude irrelevant or cumulative evidence, and give weight to the kind of evidence

on which reasonably prudent persons are accustomed to rely in the conduct of serious

affairs.  Hearing officers have an affirmative duty to question parties and witnesses in order

to ascertain the relevant facts and to fully and fairly develop the record.  Hearing officers are not bound by common law or statutory rules of evidence or by

technical or formal rules of procedure.  No person shall impose upon the claimant or the employer any burden of proof as

is required in a court of law.  The proceedings at hearings shall be recorded by mechanical means or otherwise as

may be prescribed by the commission.  In the absence of further proceedings, the record need not be transcribed.  After considering all of the evidence, a hearing officer shall issue a written decision

that sets forth the facts as the hearing officer finds them to be, cites the applicable

law, and gives the reasoning for the decision. (3) HEARING OFFICER LEVEL When an appeal is transferred to the commission by the director, the commission shall

notify all interested parties of the time and place of the hearing and assign the

appeal for a hearing by a hearing officer.  The hearings shall be de novo, except that the director's file pertaining to a case

shall be included in the record to be considered. Following a hearing, the hearing officer shall affirm, modify, or reverse the determination

of the director in the manner that appears just and proper.  The hearing officer's written decision shall be sent to all interested parties.  The decision shall state the right of an interested party to request a review by

the commission. A request for review shall be filed within twenty-one days after the decision was

sent to the party, or within an extended period as provided under division (D)(9)

of this section.  The hearing officer's decision shall become final unless a request for review is

filed and allowed or the commission removes the appeal to itself within twenty-one

days after the hearing officer's decision is sent. (4) REVIEW LEVEL At the review level, the commission may affirm, modify, or reverse previous determinations

by the director or at the hearing officer level.  At the review level, the commission may affirm, modify, or reverse a hearing officer's

decision or remand the decision to the hearing officer level for further hearing.  The commission shall consider an appeal at the review level under the following

circumstances:  when an appeal is required to be heard initially at the review level

under this chapter;  when the commission on its own motion removes an appeal to itself

within twenty-one days after the hearing officer's decision is sent;  when the assigned

hearing officer refers an appeal to the commission before the hearing officer's decision

is sent;  or when an interested party files a request for review with the commission

within twenty-one days after the hearing officer's decision is sent. (5) COMMISSION EXAMINATION The commission shall consider a request for review by an interested party, including

the reasons for the request.  The commission may adopt rules prescribing the methods for requesting a review.  The commission may allow or disallow the request for review.  The disallowance of a request for review constitutes a final decision by the commission. (6) REVIEW PROCEDURE If the commission allows a request for review, the commission shall notify all interested

parties of that fact and provide a reasonable period of time, as the commission defines

by rule, in which interested parties may file a response.  After that period of time, the commission, based on the record before it, may do

one of the following:  affirm the decision of the hearing officer;  provide for the

appeal to be heard or reheard at the hearing officer or review level;  provide for

the appeal to be heard at the review level as a potential precedential decision;  or

provide for the decision to be rewritten without further hearing at the review level.  When a further hearing is provided or the decision is rewritten, the commission

may affirm, modify, or reverse the previous decision. If a member of the commission is unable or unavailable to consider an appeal allowed

by the commission, the other members of the commission may appoint a hearing officer

as a temporary commissioner to fulfill the unable or unavailable commissioner's duties

with respect to the appeal.  The members of the commission may not appoint the hearing officer who decided the

appeal at the hearing officer level. (7) NOTICES The commission shall send written notice to all interested parties when it orders

an appeal to be heard or reheard.  The notice shall include the reasons for the hearing or rehearing. (8) PRECEDENTIAL An appeal the commission identifies as potentially precedential shall be heard at

the review level.  In the notice for that type of hearing, the commission shall notify the director,

all interested parties, and any other parties, as the commission determines appropriate,

that the appeal is designated as potentially precedential.  After the hearing, parties shall be given the opportunity to submit briefs on the

issue or issues involved.  The commission may designate a decision as precedential after issuing the decision

or at any point in the appeal process, even if the commission does not initially identify

the appeal as potentially precedential. (9) MASS APPEALS When the commission determines that it has five appeals pending that have common facts

or common issues, the commission may transfer the appeals to the review level on its

own motion to be heard as a mass appeal, including appeals from claimants separated

due to a labor dispute, on the condition that there are fewer than twenty-five claimants

involved. To facilitate a mass hearing, the commission may allow an authorized agent to accept

notice of hearing on behalf of claimants.  An authorized agent may waive this notice of hearing and also the sending of decisions

to individual claimants represented by the agent. (D) SPECIAL PROVISIONS (1) TIMELINESS OF APPEALS The date of the mailing provided by the director or the commission is sufficient evidence

upon which to conclude that a determination, redetermination, or decision was sent

to the party on that date.  Appeals may be filed with the director, commission, with an employee of another

state or federal agency charged with the duty of accepting claims, or with the unemployment

insurance commission of Canada.  Any timely written notice by an interested party indicating a desire to appeal shall

be accepted. The director, commission, or authorized agent must receive the appeal within the specified

appeal period in order for the appeal to be deemed timely filed, except that:  if

the United States postal service is used as the means of delivery, the enclosing envelope

must have a postmark date or postal meter postmark that is on or before the last day

of the specified appeal period;  and where the postmark is illegible or missing, the

appeal is timely filed if received not later than the end of the fifth calendar day

following the last day of the specified appeal period. The director and the commission may adopt rules pertaining to alternate methods of

filing appeals under this section. (2) WAIVER Interested parties may waive, in writing, a hearing at either the hearing officer

or review level.  If the parties waive a hearing, the hearing officer shall issue a decision based

on the evidence of record. (3) TELEPHONE HEARINGS Hearing officers may conduct hearings at either the hearing officer or review level

in person or by telephone or interactive video conference.  The commission shall adopt rules that designate the circumstances under which hearing

officers may conduct a hearing by telephone or interactive video conference or grant

a party to the hearing the opportunity to object to a hearing by telephone or interactive

video conference.  An interested party whose hearing would be by telephone or interactive video conference

may elect to have an in-person hearing, provided that the party agrees to have the

hearing at the time and place the commission determines pursuant to rule. (4) EVENING HEARINGS Unless the commission grants a request for an evening telephone or interactive video

conference hearing, hearing officers shall conduct hearings at the hearing officer

and review level during normal business hours.  An interested party who is regularly employed throughout those hours may request

to have a hearing by telephone or interactive video conference during the evening.  The commission shall grant or deny a request for an evening telephone or interactive

video conference hearing.  If a conflict concerning a request for an evening hearing and an in-person hearing

arises, the commission shall schedule the hearing by telephone or interactive video

conference during evening hours. (5) NO APPEARANCE -- APPELLANT For hearings at either the hearing officer or review level, if the appealing party

fails to appear at the hearing, the hearing officer shall dismiss the appeal.  The commission shall vacate the dismissal upon a showing that written notice of

the hearing was not sent to that party's last known address, or good cause for the

appellant's failure to appear is shown to the commission within fourteen days after

the hearing date. If the commission finds that the appealing party's reason for failing to appear does

not constitute good cause for failing to appear, the commission shall send written

notice of that finding, and the appealing party may request a hearing to present testimony

on the issue of good cause for failing to appear.  The appealing party shall file a request for a hearing on the issue of good cause

for failing to appear within ten days after the commission sends written notice indicating

a finding of no good cause for failing to appear. (6) NO APPEARANCE -- APPELLEE For hearings at either the hearing officer or review level, if the appellee fails

to appear at the hearing, the hearing officer shall proceed with the hearing and shall

issue a decision based on the evidence of record.  The commission shall vacate the decision upon a showing that written notice of the

hearing was not sent to the appellee's last known address, or good cause for the appellee's

failure to appear is shown to the commission within fourteen days after the hearing

date. (7) AGENT Any appeal or request for review may be executed on behalf of any party or any group

of claimants by an agent. (8) COLLATERAL ESTOPPEL No finding of fact or law, decision, or order of the director, hearing officer, the

commission, or a reviewing court under this section or section 4141.28 of the Revised Code shall be given collateral estoppel or res judicata effect in any separate or subsequent

judicial, administrative, or arbitration proceeding, other than a proceeding arising

under this chapter. (9) EXTENSION OF APPEAL PERIODS The time for filing an appeal or a request for review under this section or a court

appeal under section 4141.282 of the Revised Code shall be extended in the manner described in the following four sentences.  When the last day of an appeal period is a Saturday, Sunday, or legal holiday, the

appeal period is extended to the next work day after the Saturday, Sunday, or legal

holiday.  When an interested party provides certified medical evidence stating that the interested

party's physical condition or mental capacity prevented the interested party from

filing an appeal or request for review under this section within the appropriate twenty-one-day

period, the appeal period is extended to twenty-one days after the end of the physical

or mental condition, and the appeal or request for review is considered timely filed

if filed within that extended period.  When an interested party provides evidence, which evidence may consist of testimony

from the interested party, that is sufficient to establish that the party did not

actually receive the determination or decision within the applicable appeal period

under this section, and the director or the commission finds that the interested party

did not actually receive the determination or decision within the applicable appeal

period, then the appeal period is extended to twenty-one days after the interested

party actually receives the determination or decision.  When an interested party provides evidence, which evidence may consist of testimony

from the interested party, that is sufficient to establish that the party did not

actually receive a decision within the thirty-day appeal period provided in section 4141.282 of the Revised Code , and a court of common pleas finds that the interested party did not actually receive

the decision within that thirty-day appeal period, then the appeal period is extended

to thirty days after the interested party actually receives the decision.