Ohio Adm.Code 124 | Ohio Administrative Code 124 — State Personnel Board of Review

Chapter 124-1 General Provisions

Ohio Adm.Code 124-1-01 Generally.

(A) The jurisdiction of the state personnel board of review is derived from Chapter 124. of the Revised Code.

(B) Unless exempted from the classified service by statute, all positions in the service of the state, the counties and the general health districts are in the classified service. The board has jurisdiction to determine whether any position, not specifically exempted, falls within the general exemptions set forth in division (A) of section 124.11 of the Revised Code.

(C) A party bearing the burden of proof in an action before the board must prove its case by a preponderance of the evidence.

Last updated December 5, 2023 at 11:00 AM

History

Effective: May 18, 2000
Promulgated Under: 119.03

Ohio Adm.Code 124-1-02 Definitions.

(A) The definitions set forth in section 124.01 of Revised Code are incorporated in these rules by reference.

(B) "Abolishment" means the permanent deletion of a position from the organization or structure of an appointing authority due to lack of continued need for the position, due to reorganization for efficient operation, economy, or lack of work.

(C) "Administrative relationship" generally means a relationship where an employee has substantial authority to initiate discretionary action and/or in which the appointing authority must rely on the employee's personal judgment and leadership abilities. The average employee would not possess such qualities or be delegated such discretionary authority. Whether one position occupies an administrative relationship to another is a question of fact to be determined by the board.

(D) "Agency" means any unit of government, including a board or commission, headed by an officer or group having the power to appoint employees.

(E) "Appointment" means placement of an employee in a position.

(F) "Board" or "state personnel board of review" means either the members of the state personnel board of review or its agents.

(G) "Classification" means any of the following:

(1) A group of positions of sufficiently similar duties that the same title and specification may be assigned to each.

(2) The title assigned to a position or the employee appointed to fill a position.

(3) The act of assigning a classification title to a position based upon the duties performed in that position.

(H) "Displacement" means for the purposes of layoffs and job abolishments the process by which an employee with more retention points exercises his or her right to take the position of another employee with fewer retention points pursuant to the provisions of Chapter 123:1-41 of the Administrative Code.

(I) "Fiduciary relationship" generally means a relationship where the appointing authority reposes a special confidence and trust in the integrity and fidelity of an employee to perform duties which could not be delegated to the average employee with knowledge of the proper procedures. These qualifications are over and above the technical competency requirements to perform the duties of the position. Whether one position occupies a fiduciary relationship to another is a question of fact to be determined by the board.

(J) "Filed" means received in writing and time stamped in the offices of the board or received by electronic transmission of information to the designated email address of the board or the board's fax equipment.

(K) "Layoff" means a suspension of employment, expected to last less than twelve months, due to either a lack of work or a lack of funds.

(L) "Non-competitive examination" means any written device by which a prospective employee's qualifications to hold a position may be determined (e.g., an application form).

(M) "Notice" means the date of receipt by the employee, in writing, of the action. If the employee did not receive a written notification, then "notice" means the date of the actual implementation of the action.

(N) "Order of involuntary disability separation" means an order issued by an appointing authority involuntarily separating an employee from employment in his or her position when the appointing authority has determined that said employee is unable to perform the essential job duties of his or her position due to a disabling illness, injury or condition.

(O) "Parenthetical subtitle" means a group of positions logically falling within a general classification but distinguished from other positions within that classification by the performance of specific duties requiring specialized skill, knowledge or training.

(P) "Party" means an individual or agency who participates in and is directly affected by an action brought before the state personnel board of review. As used in these rules, "party" is not limited to the definition in Chapter 119. of the Revised Code.

(Q) "Pay" means the annual, non-overtime compensation due an employee including, when applicable, the cost of the appointing authority's insurance or other contributions, longevity pay, supplemental pay and hazard pay.

(R) "Pay range" means the salary schedule and level assigned to a position.

(S) "Position" means a group of duties intended to be performed by an employee.

(T) "Position description" means a written summary of the duties which comprise a position.

(U) "Progressive discipline" generally means the act of disciplining an employee in graduated increments and progressing through a logical sequence, such as a written reprimand for a first offense, a short suspension for the second offense, and a longer suspension or removal for the third offense. The severity of the offense may negate the use of progressive discipline.

(V) "Promotion" means the appointment of an employee to a different position assigned a higher pay range than the employee's previous position.

(W) "Reassignment" means the assignment of an employee to a different classification.

(X) "Reclassification" means the assignment of a different classification to a position.

(Y) "Reduction in pay" means an action which diminishes an employee's pay. When the conditions entitling an employee to supplemental pay end, the ending of supplemental pay shall not be considered a reduction, nor shall a change in the cost of an appointing authority's insurance or other contributions be considered a reduction.

(Z) "Reduction in position" means an action which diminishes an employee's duties or responsibilities to the extent an audit of the employee's position would result in a reclassification to a classification assigned a lower pay range.

(AA) "Removal" means the termination of an employee's employment.

(BB) "Representative" means any person who is admitted to the practice of law in Ohio or who has received prior approval from the board to represent a party.

(CC) "Section 124.34 order" means an order required by section 124.34 of the Revised Code.

(DD) "Specification" means a synopsis of the duties and qualifications of an employee assigned to a classification.

(EE) "Suspension" means the interruption of an employee's employment and compensation for a fixed period of time.

(FF) "Transfer" means the movement of an employee between different offices or positions as set forth in sections 124.32 and 124.33 of the Revised Code. A change in job location within the same classification, the same appointing authority and the same county is not appealable.

Last updated December 5, 2023 at 11:00 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-1-03 Time limits for filing appeals.

(A) Except as set forth below, appeals from "section 124.34 orders," including disability separations, shall be filed within ten calendar days following the date the order is served on the employee.

(B) Appeals from layoffs, abolishments, and displacements shall be filed, or postmarked, not more than ten calendar days after receipt of the notice of the action. A copy of the notice of layoff, abolishment or displacement shall be attached to the appeal.

(C) Appeals of reclassifications shall be filed within thirty calendar days after receiving the notice of the results of the audit. A copy of the audit decision letter shall be attached to the appeal.

(D) Appeals from transfers shall be filed within ten calendar days after receipt of the notice of transfer from the director of the department of administrative services. A copy of the notice of transfer shall be attached to the appeal.

(E) Appeals from alleged reductions in pay or position which do not involve a "section 124.34 order" shall be filed within ninety days after receipt of notice of the reduction or if no notice is given, within ninety days of the actual imposition of the reduction. The appeal time may be extended within the discretion of the board.

(F) Investigation requests shall be filed within six months of knowledge of the alleged violations of Chapter 124. of the Revised Code. This time period may be extended within the discretion of the board where the violation is ongoing or there is a pattern of violation over an extended period of time.

(G) Appeals from disciplinary or retaliatory actions taken as a result of an employee having filed a report under section 124.341(A) of the Revised Code shall be filed within thirty days after receiving actual notice of the disciplinary or retaliatory action.

(H) Appeals from actions prohibited by section 4167.13 of the Revised Code shall be filed within sixty days after the violation occurs.

(I) Appeals from all other actions, including denials of reinstatement from disability separations, shall be filed not more than thirty calendar days after the time the appellant receives actual notice of the action.

Last updated December 5, 2023 at 11:00 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-1-04 Tenure of improperly appointed employees.

An appointing authority shall not raise the issue of the improper appointment of an employee to defeat the tenure rights which would have been due that employee had the employee been properly appointed.

Last updated December 5, 2023 at 11:00 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Chapter 124-3 Section 124.34 Orders

Ohio Adm.Code 124-3-01 Requirements of "section 124.34 orders" and orders of involuntary disability separation.

(A) "Section 124.34 orders" and orders of involuntary disability separation may be affirmed only if each of the following criteria are satisfied:

(1) The copy of the order served on the employee shall bear the original signature of the appointing authority and the date of signature. If an appointing authority is a public body, the order must contain the signatures of a majority of the members, or in the alternative, a certified copy of the resolution adopting the order shall be attached to each copy of the order; and

(2) The employer shall serve the employee with a copy of the order on or before the effective date of the action; and

(3) The order shows, on its face, a list of particulars which form the basis for the order; and

(4) The appointing authority can, if challenged, demonstrate both the authority of the signer and the authenticity of the signature on a "section 124.34 order" or an order of involuntary disability separation.

(B) Disaffirmance of an order under this rule shall not be a bar to filing another "section 124.34 order" or an order of involuntary disability separation based upon the same allegations.

Last updated December 5, 2023 at 11:00 AM

History

Effective: April 16, 2009
Promulgated Under: 119.03

Ohio Adm.Code 124-3-02 Service of "section 124.34 orders" and orders of involuntary disability separation.

(A) A "section 124.34 order" or an order of involuntary disability separation is served on an employee when:

(1) It is personally served upon the employee; or

(2) It is delivered to the employee's last known address, by certified mail with electronic delivery confirmation; or

(3) It is left at the usual place of residence, or last known address of the affected employee, with an adult residing therein.

(B) At any time delivery by one of the methods listed under paragraph (A)(2) of this rule is attempted but unsuccessful as evidenced by the electronic service delivery or tracking, then the "section 124.34 order" or the order of involuntary disability separation may be sent by ordinary mail, evidenced by a certificate of mailing. A "section 124.34 order" or an order of involuntary disability separation issued to an employee under the provisions of this paragraph shall be deemed served on the third calendar day after the order is mailed.

(C) Employees shall notify the appointing authority of any changes of address throughout their employment. A "section 124.34 order" or an order of involuntary disability separation will not be disaffirmed based upon an appointing authority's failure to serve the employee with a copy of the order where the employee has failed to notify the appointing authority of a change of address and the appointing authority has attempted to serve a copy of the order to the employee's last known address. The burden is on the employee to prove the appointing authority was notified of a change in the employee's address.

Last updated December 5, 2023 at 11:01 AM

History

Effective: March 24, 2019
Promulgated Under: 119.03

Ohio Adm.Code 124-3-03 Amendment or rescission of "section 124.34 orders" and orders of involuntary disability separation.

(A) An appointing authority may, at any time prior to the first record hearing, delete material contained in a "section 124.34 order. " After the first record hearing has begun, the board may permit the deletion of material from a "section 124.34 order."

(B) Material not originally present in a "section 124.34 order" may not be added to the order after it is furnished to the employee.

(1) Such material, if not barred by rule 124-3-04 of the Administrative Code, may be made the basis of a subsequent order.

(2) An appointing authority may correct errors at any time as long as the substance of an allegation is not changed.

(C) Upon written notice to the employee, an appointing authority may rescind a "section 124.34 order" or an order of involuntary disability separation. Rescission of a "section 124.34 order" or an order of involuntary disability separation under this rule shall not be a bar to filing another order based upon the same allegations.

Last updated December 5, 2023 at 11:01 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-3-04

(A) Employees shall not be disciplined for acts which have been known or should have been known to the appointing authority more than two years prior to the issuance of a "section 124.34 order."

(1) Whether an appointing authority knew or should have known of the occurrence of events giving rise to disciplinary action is a question of fact to be determined by the board.

(2) The length of time between the occurrence of the action, the appointing authority's knowledge of the incident, and the imposition of discipline will be factors in the board's determination of the appropriateness of the disciplinary action.

(B) This rule does not bar discipline based upon a criminal conviction, less than two years old, although the incidents giving rise to such conviction occurred more than two years prior to the imposition of discipline.

Last updated December 5, 2023 at 11:01 AM

History

Effective: February 14, 1986
Promulgated Under: Ch 119.

Ohio Adm.Code 124-3-05 Merger and bar.

(A) All incidents which occurred prior to the incident for which a non-oral disciplinary action is being imposed, of which an appointing authority has knowledge and for which an employee could be disciplined, are merged into the non-oral discipline imposed by the appointing authority. Incidents occurring after the incident for which a non-oral disciplinary action is being imposed, but prior to the issuance of the non-oral disciplinary order, are not merged and may form the basis for subsequent discipline.

(1) For purposes of this rule, knowledge of an appointing authority will include knowledge of those persons with authority to impose non-oral discipline for the appointing authority.

(2) For purposes of this rule, non-oral discipline includes written reprimands and suspension orders. It does not include a written memorandum of oral counseling or written warnings.

(B) Except as provided in rules 124-3-01 and 124-9-04 of the Administrative Code, once discipline is imposed for a particular incident, that incident shall not be used as the basis for subsequent discipline.

(C) Upon written notice to the employee, an appointing authority may rescind non-oral discipline. Rescission of non-oral discipline under this rule shall not be a bar to issuing another non-oral discipline based upon the same allegations.

Last updated December 5, 2023 at 11:01 AM

History

Effective: May 17, 2001
Promulgated Under: 119.03

Ohio Adm.Code 124-9-04

(A) Evidence of prior discipline is inadmissible to prove the existence of any incident alleged in a "section 124.34 order."

(B) For purposes of this rule, prior discipline consists only of those written reprimands, fines, suspensions, reductions, or removals contained in the employee's personnel file.

(1) Notice to an employee that particular conduct is unacceptable; or

(2) A continuing problem justifying harsher discipline than might otherwise have been imposed.

Last updated December 5, 2023 at 11:03 AM

History

Effective: April 16, 2009
Promulgated Under: 119.03

Ohio Adm.Code 124-3-06 Appointing authority's burden of proof.

The appointing authority shall prove, by a preponderance of the evidence, the factual allegations in a disciplinary order. Failure to prove all of the allegations contained in an order does not, as a matter of law, require disaffirmance of an order.

Last updated December 5, 2023 at 11:01 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Chapter 124-5 Contents of Appeals; Removal, Reduction, or Suspension Without a Section 124.34 Order

Ohio Adm.Code 124-5-01 Filing and contents of appeals.

(A) An appeal is filed when it is received in writing and time stamped by the office of the state personnel board of review or when it is received by electronic transmission of information to the designated email address of the board or the board's fax equipment. Any appeal received after five p.m. on a business day, or received at any time on a non-business day, shall be considered to be filed on the next business day. The date and time of receipt of an appeal filed electronically is the time stamp provided by the state personnel board of review's email system or fax equipment; the time stamp provided by any other computer system or equipment shall not alter the time of receipt.

(B) Notices of appeal shall include the following information:

(1) The appellant's name, mailing address, email address, if applicable, and telephone number; and

(2) The name, mailing address, and telephone number of the appointing authority; and

(3) A description or summary of the action which is being appealed.

(4) An appeal filed electronically shall contain an electronic signature or an /s/ notation followed by the name of the filer.

(C) Appellants shall notify the state personnel board of review of any change of address during the pendency of an appeal.

(D) If there is a defect in filing due to the failure of the state personnel board of review's equipment, the board may waive such defect if no undue prejudice would result.

(E) Any party or representative who lacks the capability to send or receive documents electronically must file a written letter with the state personnel board of review requesting relief from electronic service of documents. The party or representative requesting relief shall show good cause why it is not feasible to send or receive documents electronically.

Last updated December 5, 2023 at 11:01 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-5-02 Removals, reductions and suspensions without an order.

If an employee alleges that a reduction, removal or suspension has occurred and no "section 124.34 order" has been served on the employee, then the employee shall prove, by a preponderance of the evidence, that the reduction, removal or suspension occurred.

Last updated December 5, 2023 at 11:02 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Chapter 124-7 Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations

Ohio Adm.Code 124-7-01 Job abolishments and layoffs.

(A) Job abolishments and layoffs shall be disaffirmed if the action was taken in bad faith. The employee must prove the appointing authority's bad faith by a preponderance of the evidence.

(1) The appointing authority shall demonstrate by a preponderance of the evidence that a job abolishment was undertaken due to a lack of a continuing need for the position based on: a reorganization for the efficient operation of the appointing authority; reasons of economy; or a lack of work expected to last one year or longer; or any combination thereof.

(2) The appointing authority shall demonstrate by a preponderance of the evidence that a layoff was undertaken due to a temporary lack of work or lack of funds expected to last less than one year.

(3) Layoffs and abolishments may only be affirmed if the appointing authority has substantially complied with procedural requirements set forth in sections 124.321 to 124.394 of the Revised Code and the administrative rules promulgated pursuant to these statutes.

(B) Certification of lack of funds or lack of work is not required for job abolishments.

(C) When a position is abolished or an employee is laid off, displacement rights, as set forth in division (C) of section 124.321 of the Revised Code, shall be afforded the employee.

(D) Layoffs are governed by division (C) of section 124.321 of the Revised Code and any layoff rules which apply to a particular appointing authority. In the absence of superseding rules, the layoff rules promulgated by the director of administrative services shall be followed.

Last updated December 5, 2023 at 11:02 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-7-02 Reclassification and reassignments.

(A) An employee shall not be reduced by reassignment. An employee is reduced if reassigned to a classification assigned a lower pay range.

(B) The decision of the director of administrative services or the director's authorized designee, to reclassify a position or to retain a current classification, may be appealed by either the appointing authority of the affected employee or by the employee.

(C) An employee returning to his or her regular position from a temporary work level has not been reassigned, reduced, or reclassified.

Last updated December 5, 2023 at 11:02 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-7-03 Procedure in reclassification appeals.

(A) The parties in appeals of reclassifications are the employee in the position to be reclassified, the employee's appointing authority, and the authority which conducted the position audit.

(B) The board shall conduct a fact-finding hearing to determine the duties performed by the employee in the audited position. The witnesses shall be limited to the audited employee, his immediate supervisor, and the designee of the authority who conducted the position audit, unless the board determines that there is substantial disparity in their testimony or other reason to believe their testimony is inaccurate. Examination of the witnesses shall be conducted by the board, subject to further limited examination by the parties.

(C) The provisions of paragraph (C) of rule 124-11-05 of the Administrative Code shall not apply in reclassification hearings.

(D) The board shall compare the duties performed by the audited employee to the appropriate specifications and determine which classification most appropriately describes the duties performed by the employee.

(E) Evidence of disparity in the classification of co-workers is not admissible.

Last updated December 5, 2023 at 11:02 AM

History

Effective: May 17, 2001
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-05

(A) Any person, unless prohibited by law, may represent himself or herself.

(B) Any party who has a statutory representative must be represented by that representative, unless the party files written authorization from the statutory representative authorizing other representation.

(C) Provided a party has not been subpoenaed and has authorized his or her representative to represent him or her in all facets of a hearing before the board, that party is not required to appear personally at the hearing.

(D) Representatives shall file a notice of appearance with the board.

(E) One who has filed a notice of appearance as the representative of a party is that party's representative of record unless and until a notice of withdrawal is filed with the state personnel board of review.

(F) If more than one person files a notice of appearance as a party's representative, communications shall be sent as follows:

(1) If one of the representatives who has filed a notice of appearance has been designated, in writing, to receive communications from the board, all communications shall be sent to that representative.

(2) If no representative has been designated to receive communications from the board, all communications shall be sent to the representative who last filed a notice of appearance.

(3) If it is impossible to determine who last filed a notice of appearance, all communications shall be sent to the representative whose name is first in alphabetical order.

Last updated December 5, 2023 at 11:16 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-7-04 Determination of unclassified status.

When an employee has been adversely affected as an unclassified employee, the burden of proving the unclassified status of the employee is on the appointing authority. The board will take evidence of the employee's duties over a reasonable period of time, which is generally defined as at least two calendar years immediately prior to the adverse action, provided that the employee was in an active work status during that time period.

Last updated December 5, 2023 at 11:02 AM

History

Effective: April 16, 2009
Promulgated Under: 119.03

Ohio Adm.Code 124-7-05 Investigations.

(A) Investigations shall be conducted by an exchange of correspondence between the board and the parties. Unless a party can show good cause for its failure to respond, decisions will be based on the information received within the response time allowed. In the board's discretion, investigations may be set for hearing.

(B) Prior to recommending removal of persons pursuant to section 124.40 or 124.56 of the Revised Code, the board may, as an alternative to removal, order the correction of a violation of Chapter 124. of the Revised Code, or of the rules of the Administrative Code.

Last updated December 5, 2023 at 11:02 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Chapter 124-9 Evidence

Ohio Adm.Code 124-9-01 Rules of evidence.

The rules of evidence prevailing in civil actions in Ohio courts of general jurisdiction are adopted for use in hearings before the board, except as modified by these rules.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-02 Hearsay.

The board may permit the introduction of evidence otherwise excludable as hearsay. A foundation, establishing both the reliability of the testimony and its necessity, shall be laid before hearsay may be admitted.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-03 Cumulative testimony.

The board may limit cumulative testimony.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-04 Prior discipline.

(A) Evidence of prior discipline is inadmissible to prove the existence of any incident alleged in a "section 124.34 order."

(B) For purposes of this rule, prior discipline consists only of those written reprimands, fines, suspensions, reductions, or removals contained in the employee's personnel file.

(1) Notice to an employee that particular conduct is unacceptable; or

(2) A continuing problem justifying harsher discipline than might otherwise have been imposed.

Last updated December 5, 2023 at 11:03 AM

History

Effective: April 16, 2009
Promulgated Under: 119.03

Ohio Adm.Code 124-9-05 Questionnaires.

(A) At any time prior to a hearing, the board may order evidence taken in the form of questionnaires.

(B) The board may require questionnaires to be submitted at a hearing or filed prior to the hearing.

(1) Questionnaires shall be treated as admissions and may be completed with the advice of a party's representative.

(2) All questionnaires shall bear the oath or affirmation of the party completing them.

(C) Questionnaires may be used as the sole basis for deciding any appeal. Failure to respond to a questionnaire may result in dismissal of the case.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-9-06 Stipulations.

Stipulations may be accepted by the board only when both parties consent to the stipulation.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-07 Witnesses.

(A) All witnesses at any hearing before the board shall testify under oath or affirmation.

(B) A witness may be accompanied and advised by legal counsel. Participation by counsel is limited to protection of his client's rights. Counsel for a non-party witness may neither examine nor cross-examine any witness.

(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the board may initiate contempt proceedings.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-08 Conviction of a crime.

(A) Conviction of any crime in a court of competent jurisdiction is conclusive evidence of the existence of all of the elements of that crime. Conviction of any crime is not conclusive evidence that disciplinary action based upon the conviction is appropriate. The appointing authority shall prove the existence of one or more of the grounds set forth in section 124.34 of the Revised Code as the basis for disciplinary action.

(B) A conviction can be established only through certified copies of the original journal entry from the court in which the conviction was obtained.

(C) Evidence of conviction of a crime is inadmissible unless a connection is established between the crime and the particulars alleged in a disciplinary order.

(D) Indictment for or allegation of a criminal offense does not establish a statutory basis for discipline under section 124.34 of the Revised Code.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-09 Best evidence.

A duplicate may be admitted to prove the content of a document, recording, or photograph unless:

(A) A genuine question is raised as to the authenticity of the original; or

(B) The board determines it would be unfair to admit the duplicate in lieu of the original.

Last updated December 5, 2023 at 11:03 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-10 Administrative notice.

(A) At any time prior to the issuance of a final order, the board may take notice of the contents of any classification specification filed with the secretary of state.

(B) This rule does not limit the board's authority to take notice at a hearing of any fact, including the contents of any personnel file maintained by the director of administrative services, when it is lawfully empowered to do so under the "Ohio Rules of Evidence."

Last updated December 5, 2023 at 11:04 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-9-11 Disparate treatment.

(A) The board may hear evidence of disparate treatment between the appellant and other similarly situated employees of the same appointing authority for the purpose of determining whether work rules or administrative policies are being selectively applied by the appointing authority or to determine whether the discipline of similarly situated employees is uniform. Requests for discovery under this rule shall be limited to information relating to specific incidents or persons known to the employee or his representative.

(B) Evidence of disparate treatment will be considered in evaluating the appropriateness of the discipline which was imposed.

Last updated December 5, 2023 at 11:04 AM

History

Effective: May 18, 2000
Promulgated Under: 119.03

Chapter 124-11 Procedure

Ohio Adm.Code 124-11-01 Denomination of parties.

The party filing an appeal is denominated "appellant." All other parties are denominated "appellee."

Last updated December 5, 2023 at 11:04 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-02 Notice of hearings.

Scheduling notices shall be sent to the parties and their representatives by ordinary United States mail, by state of Ohio inter-departmental mail, or electronically.

Last updated December 5, 2023 at 11:04 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-03 Continuances.

(A) Upon its own motion or upon the motion of any party, the board may continue a hearing.

(1) Requests for continuance shall be addressed to the administrative law judge assigned to the appeal or, if the appeal is set before the state personnel board of review, addressed to the board's chairperson or principal administrative officer. A request for continuance will not automatically stay the hearing, but must be expressly granted.

(2) Requests for continuance shall be filed at least ten calendar days prior to a scheduled hearing date, unless good cause is shown for failing to do so. Exceptions to this rule may be made at the discretion of the board. If a party requests a continuance less than ten calendar days prior to hearing, then that party shall inform the board of the opposing party's consent or opposition to the continuance request.

(3) Each party shall contact its subpoenaed witnesses and inform them of the continuance. Failure to notify the opposing party or opposing party's counsel of a continuance which has been granted may be treated as a failure to appear by the party requesting the continuance if the opposing side appears for the hearing.

(4) The board will not re-issue subpoenas when a hearing has been continued unless the party requesting subpoenas files a timely request to do so.

(B) Absent compelling circumstances, hearings shall not be continued due to the unavailability of a subpoenaed witness. The board may hold the record open or accept a testimonial deposition. The cost of testimonial depositions taken under this rule shall be borne by the requesting party.

Last updated December 5, 2023 at 11:04 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-04 Consolidations.

If two or more appeals involve substantially identical issues of fact and law, the board may consolidate them into a single hearing upon its own motion or upon the motion of either party.

Last updated December 5, 2023 at 11:04 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-05 Appearances.

(A) Any person, unless prohibited by law, may represent himself or herself.

(D) Representatives shall file a notice of appearance with the board.

(F) If more than one person files a notice of appearance as a party's representative, communications shall be sent as follows:

(2) If no representative has been designated to receive communications from the board, all communications shall be sent to the representative who last filed a notice of appearance.

(3) If it is impossible to determine who last filed a notice of appearance, all communications shall be sent to the representative whose name is first in alphabetical order.

Last updated December 5, 2023 at 11:16 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-06 Substitution of parties.

(A) If an appellant dies during the pendency of an appeal, the executor or administrator of his estate shall, upon motion, be substituted for him. An appeal shall be held open for a reasonable time to permit this substitution.

(B) If the appointing authority changes during the pendency of an appeal, the new appointing authority is automatically substituted without formal motion or order.

Last updated December 5, 2023 at 11:16 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-07 Motions.

(A) All motions shall state, with particularity, both the relief sought and the basis for such relief.

(1) All motions, and any supporting documentation shall be served on the opposing party.

(2) Motions to dismiss an appeal shall be supported by affidavits, made on personal knowledge, setting forth facts as would be admissible in evidence. Affidavits shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers referred to in an affidavit shall be attached thereto. When a motion is made and supported as provided in this rule, an adverse party may not rest upon mere allegations or denials. An adverse party's response, by affidavit or otherwise, shall set forth specific facts showing there is a genuine issue in dispute.

(B) Procedural motions, not determinative of the final outcome of an appeal, may be acted upon at any time after receipt by the board without awaiting a response from the opposing party.

(C) Within ten calendar days of service of a non-procedural motion, a party shall serve a response on the opposing party and file a copy of that response with the board. The board may rule on any non-procedural motion once the time to respond has run. Upon motion of the affected party, the board may extend the time to reply to a non-procedural motion.

(D) The board may rule on any non-procedural motion at a record hearing, even if ten calendar days have not elapsed since service. Provided the time for response to a non-procedural motion has not run, an oral response may be presented at the record hearing.

Last updated December 5, 2023 at 11:16 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-08 Briefs.

(A) At any time prior to the issuance of a final order, the board may require briefs from the parties. Briefs shall address questions put to the parties by the board and shall be filed within the time limits set by the board.

(1) The board may limit both the number of reply briefs and the time for their preparation and filing.

(2) If a party fails to file a brief within the time limit, the board may exclude the party's brief from its consideration.

(B) Upon motion, the board may hold the record open for filing of briefs.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-09 Filing.

(A) A document is filed when it is received in writing and time stamped by the office of the state personnel board of review or when it is received by electronic transmission of information to the designated email address of the board or the board's fax equipment. Any document received after five p.m. on a business day, or received at any time on a non-business day, shall be considered to be filed on the next business day. The date and time of receipt of a document filed electronically is the time stamp provided by the state personnel board of review's email system or fax equipment; the time stamp provided by any other computer system or equipment shall not alter the time of receipt.

(B) A document filed electronically shall contain an electronic signature or an /s/ notation followed by the name of the filer.

(C) If there is a defect in filing due to the failure of the state personnel board of review's equipment, the board may waive such defect if no undue prejudice would result.

(D) Any party or representative who lacks the capability to send or receive documents electronically must file a written letter with the state personnel board of review requesting relief from electronic service of documents. The party or representative requesting relief shall show good cause why it is not feasible to send or receive documents electronically.

(E) In a proceeding before an administrative law judge, a party must file an original and one legible copy of any document. In a proceeding before the full board, a party must file an original and two legible copies of any document. When more than one case file is involved in a proceeding, then the above required documentation must be submitted for each case file. Multiple copies of documents filed electronically are not required.

(F) All documents to be filed with the board shall be printed on or formatted for eight-and-one-half inch by eleven-inch paper.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-10 Service.

(A) All documents filed with the board shall be served upon the opposing party. Failure to comply with this rule may result in the board striking the document from the record.

(B) Any document required by these rules to be served upon a party may be served personally, by United States mail, by a courier delivery service company, or electronically. When a party is represented by a representative who has entered an appearance, service shall be made upon that representative. Service is complete on the date of mailing, or on the date of personal transmission of the document, or on the date of electronic transmission.

(C) All motions and briefs shall contain the name, mailing address, email address, if applicable, and telephone number of the person filing the motion or brief.

(D) A motion shall be considered by the board only if a certificate of service appears on it. Any statement, signed by either the moving party or the party's representative, is an acceptable certificate of service so long as it contains all of the following information:

(1) Date of service,

(2) Method by which service was made,

(3) Address where service was made, and

(4) Name of the person or authority who was served.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-11 Communications to representatives and parties.

Communications regarding scheduling shall be sent to all parties and their representatives.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-12 Computation and extension of time.

(A) The date of occurrence of the event causing time to run is not counted in the computation of any time limit under these rules. The last day of a time period is included in the computation of time under these rules. If the last day of a time period is not a regular business day, then the time period shall extend to the end of the next regularly scheduled business day.

(B) The board may extend the time for filing or responding to motions and briefs.

(1) Requests for extension of time shall be made in writing or electronically.

(2) Requests for extension of time shall be directed to the person responsible for handling the appeal.

(a) Requests for extension of time in appeals assigned to an administrative law judge shall be directed to the administrative law judge responsible for the appeal.

(b) Requests for extension of time in appeals assigned to the members of the state personnel board of review shall be directed to the chairperson of the board or the board's agent.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-13 Procedural orders.

(A) Procedural orders may be issued by the board at any time prior to the issuance of a final order.

(B) If a party fails to comply with a procedural order, the board may dismiss the appeal or grant other appropriate relief to the opposing party.

Last updated December 5, 2023 at 11:17 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-14 Procedure in record hearings.

(A) The board shall determine the order in which a hearing shall proceed.

(B) Either party may call the opposing party to testify as if on cross-examination.

(D) Copies of exhibits shall be made available to the board as they are identified. Exhibits may be submitted in written format or by CD, DVD, or USB flash drive. If the hearing is heard by the full board, three copies of all exhibits must be submitted to the board. Parties shall exchange documents and exhibits prior to the hearing. Hearings will not be delayed to facilitate an exchange or review of the exhibits.

(E) In hearings before an administrative law judge, parties shall provide the board two copies of all exhibits.

(F) The parties are encouraged to discuss stipulations and settlement prior to the start of a hearing.

(G) All parties, witnesses and attorneys are required to arrive at the board's offices at the scheduled hearing time.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-15 Record of hearings.

(A) The board shall make a sound recording of all record hearings. The board's recording is the official record.

(B) Sound recordings of hearings may be erased after:

(1) A final board order has been issued; and

(2) Ninety calendar days have passed from the mailing of notice of the final order of the board to the parties; or ninety days after a transcript has been received by the board from its official stenographer.

(C) Any party may make a sound recording or have a stenographer present at the hearing, provided such recording does not interfere with the hearing, as determined by the administrative law judge or the board.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-16 Transcripts/listening to and copying hearing recordings.

(A) The board shall transmit a transcript of each hearing appealed to a court of common pleas.

(B) Transcripts for a party's own use may be obtained through the board's stenographer. The cost of the transcript is to be paid by the party requesting the transcript.

(D) Any person may listen to the board's recording of a hearing. In order to do so, a person must make prior arrangements with the board. Any person may obtain copies of recorded activity by supplying the board with an unused USB flash drive for duplication. Such duplication shall be completed by the board within seven working days.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-17 Subpoenas.

(A) Consistent with Chapter 124-9 of the Administrative Code, a party may request the board to issue subpoenas for documents and subpoenas for up to five witnesses. The party shall file with the board a list of witnesses and a summary of each witness's testimony prior to the issuance of the subpoenas. If a party deems it necessary to subpoena more than five witnesses, prior approval is required and the board will rule on the need to call any of the witnesses the party requests to be subpoenaed.

(B) Subpoenas shall be issued in either of two ways:

(1) The board shall supply subpoenas to the parties who are responsible for completing and serving subpoenas. A subpoena is deemed served when:

(a) It is personally served upon the person; or

(b) It is received by the person at the person's last known address by certified mail, return receipt requested; or

(c) It is left at the usual place of residence, or last known address of the person, with an adult residing therein, or is left with the subpoenaed witness's government employer who has agreed to timely provide the subpoena to the witness.

(d) If the service by certified mail under paragraph (B)(1)(b) of this rule is returned with an endorsement showing the service was refused or unclaimed, then the subpoena may be sent by ordinary mail, evidenced by a certificate of mailing; and

(e) The party serving the subpoena shall file a copy of the subpoena, properly endorsed as to service, at or prior to the hearing for which the subpoena was issued.

(2) The board shall mail subpoenas by ordinary United States mail to the last known address of the person as directed by the party requesting the subpoena.

(a) The board shall not mail subpoenas fewer than fourteen calendar days in advance of a hearing. If subpoenas cannot be mailed more than fourteen calendar days in advance of a hearing, the board shall, on request, hold the subpoenas so they can be served on the witness at the hearing subject to the provisions contained within paragraph (C) of this rule.

(b) If the board is requested to serve the subpoena by ordinary mail, then the subpoena is deemed delivered.

(C) To be enforceable, witnesses shall receive their subpoenas at least seven calendar days prior to the hearing. Subpoenas duces tecum shall be received at least ten calendar days prior to the record hearing. Absent proof a witness has received a subpoena in a timely manner, the board shall not enforce the subpoena nor hold the record open for the testimony of an unsubpoenaed non-appearing witness.

(D) Hearings shall not be continued due to the absence of a witness subpoenaed under paragraph (B) of this rule.

(E) The board will not re-issue subpoenas when a hearing has been continued unless the party requesting the subpoenas files a timely request to do so.

(F) Upon motion and for good cause, the board may quash any subpoena. Motions to quash shall be filed with the board and served upon the opposing party prior to a hearing. Unless a motion to quash has been granted, a witness shall attend the hearing to which he or she was subpoenaed subject to the provisions contained within paragraph (C) of this rule.

(G) Witnesses may not be subpoenaed to prehearings.

(H) No character witness shall be subpoenaed to attend hearings. This prohibition does not pertain to witnesses testifying to the credibility of another witness.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-18 Mileage reimbursement and subpoenaed witness fees.

(A) Public employees may be paid witness fees only if they were subpoenaed to a hearing which they attended at a time they were not scheduled to work. Public employees shall be paid by their appointing authority for the time they are absent from their jobs to attend hearings before the board, provided they were either subpoenaed or were parties to the action.

(B) Mileage shall be paid to any subpoenaed witness, not a party, who works or resides outside of franklin county and who incurs unreimbursed travel expense to attend hearings before the board. Neither parking costs nor food and lodging are reimbursable.

(D) Mileage and witness fees shall not be paid to anyone who fails to register at the hearing attended.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-11-19 Failure to appear.

(A) If neither the appellant nor appellant's authorized representative appears at a hearing, prehearing, or other scheduled matter, the board may dismiss the appeal.

(B) If neither the appellee nor appellee's authorized representative appears at a hearing, prehearing, or other scheduled matter, the board may grant appropriate relief, including disaffirmance of the order.

(C) If neither party appears at a hearing, prehearing, or other scheduled matter, the board may, based upon the information available to it, resolve the appeal in the manner it deems appropriate.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-11-20 Settlements and withdrawals.

(A) An appeal may be withdrawn any time prior to the issuance of the final order of the board by filing a notice with the board. All withdrawals shall be signed by either the appellant or appellant's representative.

(B) An appeal may be settled by the parties thereto any time prior to the issuance of a final order of the board. The board will accept signed settlement agreements and incorporate them into its final order. All notices of settlement shall be filed with the board, and shall be signed by all affected parties and their representatives.

(C) If the board is notified a case has been withdrawn or settled, and no settlement agreement or withdrawal notice is filed with the board within the time frame set by the board, then the board shall schedule the case for a hearing.

Last updated December 5, 2023 at 11:18 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Chapter 124-13 Discovery

Ohio Adm.Code 124-13-01 Exchange of documents and witness lists.

(A) On written request of the opposing party, a party shall, at least twenty-eight calendar days prior to the first scheduled record hearing, provide to the requesting party and the board a list of the documents intended to be introduced at the hearing and a list of witnesses. Such requests must be served upon the opposing party at least forty-two calendar days prior to the first scheduled record hearing.

(B) In addition to the requirements contained within paragraph (A) of this rule, if a party deems it necessary to call more than five witnesses to testify at hearing, the party shall file with the board at least seven calendar days prior to the first scheduled record hearing date a list of witnesses to be called and a short summary of the expected testimony of each of those witnesses. If a party fails, without good cause, to comply with this requirement, the board may exclude the testimony of witnesses whose names would have appeared on the witness list referenced in this paragraph.

(C) Upon receipt of a written request, and at least twenty-eight calendar days prior to the first scheduled record hearing, a party shall permit the opposing party to view and copy, at the opposing party's expense, any documents intended to be introduced at a hearing.

(D) If a party fails, without good cause, to comply with paragraphs (A) and (C) of this rule, such testimony or documents may, upon motion of the adversely affected party, be excluded from a hearing before the board. Failure to serve requests for documents and a list of witnesses or for the examination of documents at least forty-two calendar days before the first scheduled record hearing waives all right to move to exclude such evidence.

(E) The time limits set forth in this rule may be modified at the discretion of the administrative law judge or the board.

(F) The board may continue hearings to permit discovery under this rule.

(G) Discovery, as it pertains to the exchange of documents and witness lists, may be supplemented as set forth in the applicable Ohio Rules of Civil Procedure.

Last updated December 5, 2023 at 11:19 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-13-02 Depositions and interrogatories.

(A) The board may order depositions or interrogatories upon motion of any party.

(1) A motion to take depositions or interrogatories shall be filed with the board at least twenty-eight calendar days prior to a record hearing. The board may order interrogatories as an alternative to taking depositions.

(2) The cost of such deposition shall be borne by the party requesting the deposition.

(3) If a deposition is to be submitted into evidence as a testimonial deposition, the deposition must be recorded as video and submitted in an appropriate format for viewing. As an alternative, the party requesting the deposition can request the assigned administrative law judge to be present at the deposition.

(B) The board may, on its motion, order depositions taken at a time and place of its choosing. Such depositions shall be recorded as video and submitted in an appropriate format for viewing and may be used in the resolution of an appeal.

Last updated December 5, 2023 at 11:19 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-13-03 Requests to make definite and certain.

(A) Upon written request of the opposing party, a party shall make definite and certain any factual allegations contained in a "section 124.34 order," or any assertion of removal, reduction, or suspension when no "section 124.34 order" has been filed with this board.

(B) Requests to make definite and certain shall specify, with particularity, what information is sought.

(C) A party shall serve a written response to the request to make definite and certain at least twenty-eight calendar days prior to the first scheduled record hearing. Such requests must be served upon the opposing party at least forty-two calendar days prior to the first scheduled record hearing. Failure to serve a written request to make definite and certain at least forty-two calendar days prior to the first scheduled record hearing waives all right to move to exclude evidence under this rule.

(D) If a party fails, without good cause, to respond to an opposing party's request to make definite and certain as provided in paragraphs (A), (B), and (C) of this rule, this board may, upon motion of the opposing party, compel such response.

(E) Upon proper motion, the board shall determine the adequacy of a party's response to a request to make definite and certain. If a party fails to respond adequately to a request to make definite and certain, the opposing party may move to exclude all evidence which is the subject of the request.

(F) The board may extend the time to respond to a written request to make definite and certain, continuing the case if necessary.

Last updated December 5, 2023 at 11:19 AM

History

Effective: May 17, 2001
Promulgated Under: Ch 119.

Ohio Adm.Code 124-13-04 Work product.

A representative's work product is not discoverable.

Last updated December 5, 2023 at 11:19 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-13-05 Prehearings, status conferences, and mediations.

(A) At any time prior to a record hearing, the board may, on its own motion or upon motion of any party, direct the parties or their representatives to participate in a prehearing, status conference, or mediation.

(B) Prehearings, status conferences, and mediations may be held for the following purposes:

(1) To simplify or clarify issues;

(2) To obtain stipulations and admissions;

(3) To exchange documents and witness lists;

(4) To discuss matters intended to expedite the proceedings.

(5) To enter into settlements or settlement discussions.

(C) Final board orders, procedural orders, and reports and recommendations may be issued based upon information obtained at a prehearing or status conference.

Last updated December 5, 2023 at 11:19 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Chapter 124-15 Reports and Recommendations; Appeals

Ohio Adm.Code 124-15-01 Reports and recommendations.

Administrative law judges shall submit a report and recommendation to the board.

(A) Reports and recommendations shall be sent to the appellant's representative (or to appellant, if unrepresented) and to the appellant, appellee, appellee's representative and to any other party.

(B) A copy of the report and recommendation may be secured in person from the offices of the board after signing a receipt for the report and recommendation.

Last updated February 15, 2024 at 2:17 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 124-15-02 Objections to reports and recommendations.

(A) No objection may be made to any decision of an administrative law judge prior to the submission of the report and recommendation.

(B) Objections to a report and recommendation shall be filed within ten calendar days after receipt of the report and recommendation. Responses to objections shall be filed within ten calendar days after the opposing party's objections have been filed.

(1) The board may extend the time to file objections or responses to the report and recommendation.

(2) Objections to reports and recommendations should include both a brief statement of the case and a concise statement of each area of disagreement, together with supporting arguments and memoranda. Parties' objections or responses must be limited to evidence presented at hearing. Objections and responses to objections containing arguments based on evidence not already in the record shall be stricken.

(3) All objections and responses to objections shall have attached a certificate of service. If none is attached, then the board will not consider the objection or response.

Last updated December 5, 2023 at 11:28 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-15-03 Board action on reports and recommendations.

(A) The board may accept, reject, or modify, in whole or in part, any report and recommendation.

(B) The board may take additional evidence, hear arguments, issue a stay order pending the decision of the board on a motion for reconsideration or remand an appeal to an administrative law judge for further consideration or hearing.

Last updated December 5, 2023 at 11:28 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-15-04 Final order of the state personnel board of review.

(A) If a hearing is held before the members of the state personnel board of review, then they will issue a final order and opinion regarding their decision. Final orders shall be signed by the chairman or vice chairman of the board. The original order shall be journalized and a copy of the order placed in the case file.

(B) A certified copy of the final order of the board shall be sent to the appellant and to the appellant's representative (if appellant is represented), appellee, appellee's representative and to any other party.

A copy of a final order may be secured in person from the offices of the board after signing a receipt for the order.

(C) A final order does not become public record until it has been served upon all parties or secured in person by all parties.

Last updated February 15, 2024 at 2:17 PM

History

Effective: February 15, 2024
Promulgated Under: 119.03

Ohio Adm.Code 124-15-05 Motions for reconsideration.

Any party may move for reconsideration of a final order of the board. Motions for reconsideration shall be filed within ten calendar days of mailing of the final order. If a motion for reconsideration has been filed, and if no appeal has been filed in a court of common pleas, then the board may issue a stay of the final order pending the reconsideration. If the board issues a stay of its final order, the opposing party will then have ten calendar days to file a response to the motion for reconsideration. The filing of a notice of appeal divests the board of jurisdiction to rule on a motion for reconsideration.

Last updated December 5, 2023 at 11:28 AM

History

Effective: April 16, 2009
Promulgated Under: 119.03

Ohio Adm.Code 124-15-06 Appeals to the court of common pleas.

(A) Appeals to the courts of common pleas are governed by the provisions of Chapters 119. and 124. of the Revised Code.

(B) An original written notice of appeal or a copy of the notice of appeal shall be filed with the board and an original notice of appeal or a copy of the notice of appeal shall be filed with the reviewing court of common pleas within fifteen calendar days of mailing of the final order of the board. Each notice of appeal or copy thereof shall include the name of the county in which the appeal to court has been filed. The board is not to be named as a party in any appeal to the court of common pleas filed under the authority of Chapter 119. of the Revised Code.

Last updated December 5, 2023 at 11:28 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-15-07 Certification of the record to court.

(A) The board shall certify only one copy of the record to the court of common pleas in any appeal.

(B) If a notice of appeal is filed in more than one court, the appealing party shall elect the court to which the board shall certify the record. The notice of election shall be filed with the board within ten days of the filing of the notice of appeal.

(C) If there is no election, the record shall be certified to the court in which the appeal was first filed. The board will only certify more than one record upon the request of the appealing party and upon that party's prepayment of all costs for the second and all subsequent records.

Last updated December 5, 2023 at 11:28 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-15-08 Deposit required upon filing an appeal to a reviewing court from a final order of the board.

(A) When a party files a notice of appeal with this board pursuant to paragraph (B) of rule 124-15-06 of the Administrative Code, the party filing such notice shall deposit with the board a sum based on the estimated cost of producing a certified copy of the record, including a transcript of the hearing, if applicable, copies of documents, and shipping costs. The total deposit required will be stated in the notice attached to the final order of the board.

(B) After the board has received the deposit, the transcript and copies of the file will be prepared and the cost of those items will be calculated. If the deposit exceeds the costs of these items, then a refund of the excess will be issued; if the deposit does not cover the full amount, then the appealing party will be billed for the outstanding balance.

(C) If a person alleges the inability to pay the deposit, then an "Affidavit of Indigence" must be completed. Said affidavit is available from the board upon request. Upon timely submission of the affidavit, the board will determine if the person is or is not excused from paying the deposit.

Last updated December 5, 2023 at 11:28 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Chapter 124-17 Internal Procedure

Ohio Adm.Code 124-17-01 Scope of rules.

These rules govern practice and procedure in all proceedings before the board. No rules shall be construed so as to conflict with any statute or other rule of law. Judicial invalidation of one rule shall not be considered to invalidate any other rule.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-17-02 Procedure for adoption of new or amended rules, or rescission of existing rules.

(A) A majority of the members of the board shall concur in the adoption of new or amended rules, or the rescission of existing rules. Any opposition by a member of the board to the adoption of a new or amended rule, or the rescission of an existing rule may be noted in the resolution to adopt or rescind.

(B) A copy of each proposed new, amended, or rescinded rule shall be filed, as required by law, at least thirty days prior to any public hearing on the matter.

(C) Notice of any such public hearing shall be provided at least thirty calendar days prior to the date of the public hearing.

(1) Notice of the hearing shall be published in the register of Ohio pursuant to section 119.037 of the Revised Code.

(2) The notice shall contain a statement of the board's intention to consider the adoption of a new or amended rule, or the rescission of an existing rule; the subject matter to which the proposed new, amended, or rescinded rule relates; and the date, time and place of the public hearing.

(3) In all other respects, the adoption of a new or amended rule, or rescission of an existing rule shall be governed by the provisions of section 119.03 of the Revised Code.

(D) The board or its agent shall make all certifications required by law when making a final filing of any new, amended, or rescinded rules.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-17-03 Quorum.

(A) Two members of the board constitute a quorum at any scheduled meeting.

(B) The board cannot act without the concurrence of at least two members.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-17-04 Records.

The board shall maintain, in accordance with the approved retention schedule for the board, records of all appeals filed, together with the final actions on the appeals and the dates on which such actions occurred.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-17-05 Notice of meetings and hearings.

(A) The state personnel board of review regularly meets during the board's normal business hours.

(B) The matters to be considered at a particular meeting or the time of a particular hearing of the board may be obtained by written request or by telephone request at (614) 466-7046.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-17-06 Duties of the principal administrative officer.

(A) The board may designate a principal administrative officer to perform such duties as it prescribes.

(B) The principal administrative officer shall:

(1) Serve as the legal custodian of the board's records.

(2) Make appropriate certification of any rules adopted by the board.

(3) Rule on any pending non-dispositive motions in a case scheduled before the full board.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 24, 2014
Promulgated Under: 119.03

Ohio Adm.Code 124-17-07 Standards of conduct and suspension.

(A) All representatives appearing before the board shall conform to the standards of ethical conduct required of attorneys practicing before the courts of the state of Ohio.

(B) The board may bar from participation in hearings before it any representative who refuses to comply with its directions or who engages in dilatory tactics or contemptuous behavior in the course of any proceeding before the board.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.

Ohio Adm.Code 124-17-08 Business day.

The board shall be open for business Monday through Friday from 8:00 a.m. through 5:00 p.m. except on legal holidays as determined by the state of Ohio.

Last updated December 5, 2023 at 11:29 AM

History

Effective: March 1, 1993
Promulgated Under: Ch 119.