Ohio Administrative Code 4146 — Unemployment Compensation Review Commission

Chapter 4146-1 Appeals

Ohio Adm.Code 4146-1-01 Hearing officer level appeals.

(A) Hearing officer level appeals are all appeals transferred to the review commission from determinations, orders and redeterminations issued by the director or the director's deputy in accordance with divisions (D), (E) and (F) of section 4141.28 of the Revised Code:

(1) In any case concerning a claimant's right to benefits;

(2) In any case concerning an eligibility notice;

(3) In any case concerning charges assessed to a base period employer's account under division (D) of section 4141.28 of the Revised Code.

(B) Any proceedings on any hearing officer level appeals shall be governed by the provisions of agency 4146 of the Administrative Code.

(C) Proceedings held within the state of Ohio on hearing officer level appeals in cases involving interstate claims for benefits shall be governed by agency 4146 of the Administrative Code. Whenever proceedings on an appeal are held in another state on an interstate claim filed against the state of Ohio, agency 4146 of the Administrative Code shall be applicable to the extent that it can reasonably and appropriately be applied, except that agency 4146 of the Administrative Code shall not apply to the scheduling or manner of conducting proceedings in such other state.

Last updated December 6, 2023 at 11:39 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Chapter 4146-3 Appeals Heard by Review Commission and Hearing Officers

Ohio Adm.Code 4146-3-01 Hearing officer level appeals heard by hearing officers.

(A) A hearing officer level appeal shall be assigned to a hearing officer for hearing and decision unless retained by the review commission.

(B) Any hearing officer level appeal assigned to a hearing officer for hearing and decision may be transferred by the review commission to another hearing officer at any stage of the proceedings prior to the issuance of the hearing officer's decision.

(C) Any hearing officer level appeal assigned to a hearing officer for hearing and decision, may be referred to or removed by the review commission to review level at any stage of the proceedings prior to the issuance of a decision or prior to the decision becoming final.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: December 6, 1999
• Promulgated Under: 119.03

Ohio Adm.Code 4146-3-02 Appeals heard by the review commission.

(A) The review commission may hear and decide any request for review from a hearing officer level decision or may assign such to a hearing officer to conduct a hearing for and on behalf of the review commission.

(B) The review commission may hear and decide any application for appeal from the director's hearing officer's decision in a labor dispute heard pursuant to division (B) of section 4141.283 of the Revised Code.

(C) The review commission may hear and decide any hearing officer level appeal referred by a hearing officer or removed to the review commission on its own motion.

(D) The review commission may hear and decide any appeal filed pursuant to division (D)(2) of section 4141.26 of the Revised Code from reconsidered decisions issued by the director or the director's deputy.

(E) Notice of the removal of any case to the review commission shall be sent by electronic means or mailed to each interested party.

Last updated June 26, 2025 at 8:38 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Chapter 4146-5 Appeals at Hearing Officer Level

Ohio Adm.Code 4146-5-01 What constitutes an appeal at hearing officer level.

An appeal at hearing officer level is any written notice stating that the interested party appeals from or desires a review of a determination or redetermination issued by the director, or one of the director's deputies transferred to the review commission for hearing and disposition.

Last updated December 6, 2023 at 11:39 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-02 Notice that an appeal has been transferred.

A notice that an appeal filed in accordance with division (A) of section 4141.281 or division (B) of section 4141.281 of the Revised Code has been transferred to the review commission by the director and that a hearing officer level hearing will be held shall be sent by electronic means or mailed by the review commission to each interested party. No notice shall be sent or mailed when the review commission elects to transfer jurisdiction back to the director prior to the notice of transfer having been sent or mailed.

Last updated June 26, 2025 at 8:38 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-03 Matters which may be considered.

(A) Any issue within the jurisdiction of the director in an initial determination, reconsidered decision or redetermination from which an appeal is filed with the review commission, or filed with the director and transferred to the review commission shall be heard, considered and decided by the review commission or the hearing officer to whom the case is assigned for decision.

(B) The issue(s) need not be specifically considered or referred to by the director in the director's determination, reconsidered decision or redetermination, referred to specifically in the appeal, or raised by an interested party.

(C) Failure to include notice of an issue in the "notice of hearing," as provided in rule 4146-5-04 of the Administrative Code, shall not preclude consideration of the issue on appeal, but if any interested party is surprised by a new issue, and unprepared to proceed, a continuance shall be granted.

(D) The hearing officer shall advise all parties of any new issue not contained in the notice of hearing. If a party does not waive notice of this new issue and agree to proceed, the case shall be continued.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-04

(A) A notice of hearing for all scheduled hearings, except for hearings held under Chapter 4146-23 of the Administrative Code, i.e., contribution rate appeal hearings, shall be sent by electronic means or mailed to each interested party at least seven days prior to the hearing date. In a hearing held under Chapter 4146-23 of the Administrative Code, the notice of hearing shall be sent or mailed to each interested party at least twenty-one days prior to the hearing date. A notice of hearing shall specify:

(1) The date, time and place of the hearing, and

(2) A brief summary of the issues to be heard and decided.

(B) Any interested party or their authorized representative may waive formal written notice of hearing. A hearing may be scheduled earlier than the number of days specified in this rule only upon the agreement of the interested parties.

Last updated April 8, 2026 at 8:06 AM

History

• Effective: April 8, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-05 Notice that an appeal has been transferred and a hearing officer level telephone hearing will be held; election of an in-person hearing.

(A) Where the review commission intends to hold a telephone hearing at hearing officer level, the notice that an appeal has been transferred shall indicate that a telephone hearing is to be held. The notice also shall: (1) inform the interested parties that if they do not wish to have their appeal heard by telephone, any party may elect to have an in-person hearing where the party agrees to travel to a hearing site determined by the review commission (2) describe the telephone hearing procedure; and (3) explain how parties may submit documents and exhibits.

(B) A request for an in-person hearing must be filed with the review commission within ten days of the date the notice that an appeal has been transferred was sent or mailed.

(C) A request for in-person hearing is considered to be timely filed when it is received by the review commission and one of the following occurs:

(1) Receipt is before the close of business on the last day of the filing period;

(2) The request is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(3) The request is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(4) The request is sent by facsimile device or other electronic means and received by midnight of the last day of the filing period.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-06 Scheduling of hearings.

(A) Hearings held under these rules shall be scheduled as promptly as is administratively feasible. All hearings will initially be scheduled to be heard by telephone at a time determined by the review commission. In the scheduling of hearings, consideration will be given to the prompt disposition of appeals, the hours and days of the week established for conducting hearings, and the regular hearing sites within the state in the case of an in person hearing request.

(B) All evening hearings shall be scheduled to be heard by telephone. The party which requested an evening hearing may elect to have an in-person hearing if the party agrees: (1) to waive the right to an evening hearing and, (2) travel to a hearing site designated by the review commission.

(C) If a conflict concerning a request for an evening hearing and an in-person hearing arises, the commission shall schedule the hearing by telephone during evening hours.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-07 Postponement of hearing.

(A) Upon the showing of good cause, a hearing may be postponed at the request of any interested party or their authorized representative, or upon the motion of the review commission or hearing officer. All interested parties shall be notified of any postponement. When the matter is rescheduled, notice of hearing shall be sent to all interested parties.

(B) On its own motion, or upon the showing of good cause by an interested party, the review commission or hearing officer may adjourn or continue the hearing to a different time and/or place. A notice of the date, time, and place of the continued hearing shall be sent by electronic means or mailed to the interested parties.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-08 Documents to be considered in telephone hearings.

(A) Where an interested party has documents or written materials for the hearing officer or review commission to consider, a copy of the documents or materials shall be sent by electronic means, delivered or mailed to the review commission at the address directed on the notice as well as to all interested parties and their representatives listed on the notice that an appeal has been transferred or notice that a request for review has been allowed and a hearing will be held. Each document shall be identified by a letter. Each page of a multipage document shall be numbered. Documents shall be filed with the review commission no later than the day prior to the hearing date.

(B) If documents have not been filed with the review commission and received by all interested parties at the time of hearing, then the documents shall not be considered by the review commission or hearing officer unless the hearing is continued to allow the other parties to review the document.

(C) A party may waive the right to a continuance to see the document and may proceed with the hearing. If a document is not relevant to the issue at the hearing, then the review commission or hearing officer may disregard it without continuing the hearing.

(D) Documents are considered to be timely filed when they are received by the review commission, and one of the following occurs:

(1) Receipt is before the close of business on the last day of the filing period;

(2) The documents are mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(3) The documents are mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(4) The documents are sent by facsimile device or other electronic means and the fax is received by midnight of the last day of the filing period.

Last updated September 9, 2025 at 12:34 PM

History

• Effective: October 5, 2020
• Promulgated Under: 119.03

Chapter 4146-7 Procedure

Ohio Adm.Code 4146-7-01 Testimony; record.

All testimony in any case under agency 4146 of the Administrative Code shall be under oath or by affirmation. The proceedings shall be recorded electronically or otherwise as may be prescribed by the review commission. No other formal record of any proceedings by manual, mechanical, or electronic device shall be permitted. The record of a case shall include all actions under agency 4146 of the Administrative Code pertaining to the case or to the interested parties. The hearing shall be de novo, except the file of the director, shall be included in the record to be considered.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-7-02 Procedure; evidence; rights of parties.

(A) Procedure

The review commission and hearing officers shall conduct hearings and other proceedings in a case in such order and manner and shall take any steps consistent with the impartial discharge of their duties which appear reasonable and necessary to ascertain all relevant facts and to render a fair and complete decision on all issues which appear to be presented.

(B) Evidence

All facts relevant to a fair and complete decision shall be received as directly and simply as possible. The proceedings shall be informal, and the review commission and hearing officers shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure.

(C) Rights of parties

The review commission or hearing officer conducting a proceeding may examine the interested parties and other witnesses, and each interested party and the interested party's representative shall have all rights of fair hearing, including:

(1) The right of examination and cross-examination of witnesses,

(2) The right to present testimony and other evidence,

(3) The right to inspect and examine documents, files, reports and records received in evidence,

(4) The right to present testimony and other evidence in explanation and rebuttal,

(5) The right to subpoenas for witnesses and documentary evidence and the right to present argument.

(D) Duty of hearing officer or review commission in conducting hearings.

The review commission or hearing officer conducting the proceeding shall advise each party as to rights, aid in examining and cross-examining witnesses, and give every assistance compatible with the discharge of the official duties of the review commission or hearing officer.

(E) Stipulations by the parties.

Interested parties may submit stipulations or any other agreed statement respecting all or any part of the facts involved in the case. Interested parties may also waive the right to a hearing. The review commission or hearing officer conducting such proceeding shall require or obtain such additional evidence as may be necessary to render a fair and complete decision.

(F) Securing witnesses and documents; special investigations.

(1) The attendance of witnesses and the production of other evidence may be required by the review commission or hearing officer as they are deemed necessary to present fully and adequately any issue to be determined.

(2) Whenever an investigation, payroll audit or other examination is necessary to present fully and adequately any issue to be determined in a case, the review commission or hearing officer shall request that same be made by the director or the director's deputy and submitted in evidence.

(G) Public hearings.

All hearings under agency 4146 of the Administrative Code shall be open to the public, but the hearing officer or review commission conducting a hearing may close the hearing as to other than interested parties to the extent necessary to protect the interests and rights of the claimant or employer to a fair hearing.

(H) Adjournment or continuance.

On its own motion, or upon the showing of good cause by an interested party, or whenever it appears that such action is necessary to afford the claimant or employer a reasonable opportunity for a fair hearing, the review commission or hearing officer may adjourn or continue a hearing to another time or place. Notice of the time and place of the adjourned or continued hearing shall be given to the interested parties.

(I) Consolidation of cases.

When the same or substantially similar evidence is relevant and material to the issues in more than one case, proceedings thereon may be conducted jointly, a single record of the proceedings made and evidence introduced with respect to one case considered as introduced in the others, unless such consolidation would be prejudicial to the interests or rights of any interested party.

(J) Failure of appealing party to appear.

(1) Failure to appear

If the appealing party in any case fails to appear personally or by counsel or other representative at a scheduled hearing, except as provided by rule 4146-23-05 of the Administrative Code, after notice of the hearing was sent by electronic means or mailed to such party, the review commission or hearing officer to whom the case is assigned for decision shall dismiss the appeal. Notice of dismissal shall be sent or mailed to each interested party. The notice of dismissal shall contain a notice that no further administrative appeal may be instituted and no further hearing may be held, except for a hearing on good cause for failure to appear provided by paragraph (J)(2) of rule 4146-7-02 of the Administrative Code.

(2) Good cause for failure to appear.

The hearing officer or review commission shall vacate the dismissal upon a showing that the notice was not sent by electronic means or mailed to the appealing party or the appealing party shows good cause for failure to appear within fourteen days after the scheduled hearing date.

(a) In the event there is no showing of good cause for failure to appear within such fourteen day period, the dismissal is considered final.

(b) If the appealing party files a statement as to why they failed to appear within fourteen days, but the statement is deemed not to establish good cause, notice shall be sent by electronic means or mailed to the party advising them that the statement has been found not to establish good cause. The appealing party has ten days from the date this notice was sent or mailed to request a hearing on the issue of whether they have shown good cause for failure to appear. If the appealing party timely requests a hearing, a hearing will be scheduled on the issue of good cause for failure to appear. Failure to appear at a hearing scheduled on the issue of good cause results in the dismissal becoming final.

(c) In the event there is a finding of good cause for failure to appear, the hearing shall be rescheduled with due notice to all interested parties.

(K) Oral argument and briefs.

At the conclusion of any hearing, the interested parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The review commission or hearing officer to whom a case is assigned shall afford the interested parties an opportunity to present oral argument or to file briefs or may permit both, and may limit the time of oral argument; however, any party not represented by legal counsel shall not be limited to the filing of briefs.

(L) Exhibits.

Exhibits shall be properly marked, identified and placed in the review commission file. Those exhibits that cannot be placed in the file shall be retained by the review commission pending further proceedings. When the case is finally closed, the exhibits shall be disposed of according to law.

(M) Reopening of proceedings.

At any time after hearing and prior to the issuance of a decision, the review commission or the hearing officer to whom the case is assigned for hearing and decision may, for good cause, reopen the appeal for further proceedings, provided that an appeal shall not be reopened when the appeal has been dismissed.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-05

If the appellant-employer fails to appear at a scheduled hearing , the review commission shall dismiss the appellant-employer's appeal in accordance with division (D) of section 4141.281 of the Revised Code.

Last updated June 26, 2025 at 8:40 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Chapter 4146-9 Content of Decisions and Orders

Ohio Adm.Code 4146-9-01 Content of decisions and orders; sending by electronic means or mailing of decisions and orders; revision of decisions and orders; copies of decisions and orders.

(A) The review commission or the hearing officer, as soon as administratively feasible after the close of all proceeding in a case shall issue a written decision which shall affirm, modify or reverse the prior decision. The decision shall be based upon evidence in the record, and consideration of arguments on the record, and shall set forth findings of fact and the reasons for the legal conclusions reached on the issues; provided, that in respect to a request for review, the review commission shall issue a written order granting or denying such request as provided in rule 4146-25-02 of the Administrative Code. If the review commission's decision or order is not unanimous, the vote of the majority of members shall control, and the dissent shall be noted on such decision or order. The dissenting member may append to the decision or order an opinion in the case.

(B) Copies of decisions of hearing officers and decisions and orders of the review commission, including dissenting opinions, shall be sent by electronic means or mailed to each interested party, and shall set forth the date the decision or order is sent or mailed and a clear statement of statutory appeal rights.

(C) Within the twenty-one calendar day period immediately following the date the hearing officer's decision is sent by electronic means or mailed, or within the thirty calendar day period immediately following the date the decision or order of the review commission is sent or mailed, the hearing officer or the review commission who issued such decision or order may vacate and set aside such decision or order, and make such changes and revisions therein as are just and proper; provided, jurisdiction has not been removed to a higher authority. Copies of such revised decision or order shall be sent by electronic means or mailed to the interested parties with the date the decision or order is sent or mailed and a clear statement of statutory appeal rights as provided in paragraph (B) of rule 4146-9-01 of the Administrative Code.

(D) Copies of decisions of hearing officers and decisions and orders of the review commission shall be retained electronically by the review commission for the retention period.

Last updated September 22, 2025 at 7:39 AM

History

• Effective: September 21, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4146-25-02

When a request for review has been filed, the appealing party may either obtain a copy of the hearing officer level hearing record and/or file, at cost, before the review commission acts upon the request for review, if the request is made in order to supplement a request for review. The hearing record request should be made at the time the request for review is filed or received by the review commission within ten days of the date the request for review is filed.

Last updated December 6, 2023 at 11:42 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Chapter 4146-11 Disqualification; Challenges

Ohio Adm.Code 4146-11-01 Disqualification.

No hearing officer or member of the review commission shall participate in proceedings in any case in which the hearing officer or member has an interest which might prevent the hearing officer or member from conducting a fair hearing or reaching an impartial decision.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: October 1, 1998
• Promulgated Under: 119.03

Ohio Adm.Code 4146-11-02 Challenges.

A hearing officer or member of the review commission who might be subject to disqualification under rule 4146-11-01 of the Administrative Code may be challenged by any interested party at any time prior to the disposition of the appeal by the hearing officer or the review commission, whichever is the subject of the challenge. A challenge to a hearing officer or member of the review commission may be presented orally at a scheduled hearing and made a part of the record, or a written challenge may be filed with the review commission. Such challenges to a hearing officer or member of the review commission shall be decided by the review commission.

Last updated September 22, 2025 at 7:39 AM

History

• Effective: September 21, 2025
• Promulgated Under: 119.03

Chapter 4146-13 Time of Appeal; Withdrawal of Appeal

Ohio Adm.Code 4146-13-01 Appeals, applications for appeal and requests for review; beginning of appeal period.

An application for appeal to a director's decision under division (C) of section 4141.283 of the Revised Code or a request for review from a hearing officer's decision, must be filed not later than twenty-one calendar days after a copy of the decision appealed from is sent by electronic means or mailed to the party. Appeals in cases under Chapter 4146-23 of the Administrative Code must be filed not later than thirty calendar days after a copy of the decision appealed from is sent or mailed to the party. Notice of appeal, an application for appeal or a request for review to the review commission may be either mailed, delivered, or filed through the use of a facsimile device or other electronic means. If filed by facsimile device or other electronic means it must be received by midnight of the last day of the appeal period. If notice of appeal, an application for appeal or a request for review is mailed, it must be postmarked before midnight of the last day of the appeal period; if delivered, it must be received before the closing time of the office on the last day of the appeal period. The appeal, application for appeal, or request for review, may be filed with the review commission, director one of the director's deputies, with an employee of another state or federal agency or with an employee of the unemployment commission of Canada, charged with the duty of accepting claims. In computing the period of time within which an interested party may file an appeal, an application for appeal or a request for review, within a limited number of days specified in agency 4146 of the Administrative Code, such period shall begin at one minute after twelve a.m. on the day next following the date on which the decision is sent or mailed to the party and shall extend for the number of days specified in this paragraph. The time for filing an appeal, a request for review or an application for appeal under this rule shall be extended as follows:

(A) When the last day of the period of appeal referred to above falls on a Saturday, Sunday, or on a legal holiday, the period shall extend to and include the next day which is not a Saturday, Sunday or a legal holiday.

(B) 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 a appeal or request for review 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;

(C) 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, 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.

(D) Date of decision.

The date of sending set forth on the decision being appealed shall be sufficient evidence of the date of the decision was sent or mailed.

(E) When appeal, application for appeal or request for review, deemed to be filed.

An appeal, application for appeal or a request for review, shall be deemed to be filed with the review commission on the date of receipt, where delivered to the director the review commission or to any of the agencies or employees designated in this rule, by the party themselves, or the party's representative. Filing shall be deemed to be completed on the postmarked date appearing on the enclosing envelope where filing is by mail and the appeal or request for review is received by the director or review commission. Where filing is by facsimile device or other electronic means, filing shall be deemed completed when the facsimile or other electronic transmission is received.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-13-02 Voluntary withdrawal of an appeal, an application for appeal, a request for review or an appeal transferred to the review commission.

An appeal, an application for appeal, request for review, or an appeal transferred to the review commission may be withdrawn upon application to the review commission in writing by any party or the party's representative prior to the issuance of a decision or order thereon. Upon approval of such request by the review commission, an order shall be made allowing said withdrawal. Notice of such withdrawal by the review commission shall be sent by electronic means or mailed to each interested party. If application for withdrawal is denied, notice of such action by the review commission shall be sent or mailed to the applicant.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Chapter 4146-15 Subpoenas; Contempt; Witness and Mileage Fees

Ohio Adm.Code 4146-15-01 Who and when to issue.

Upon the request of an interested party, or upon its own motion and within its discretion, the review commission or a hearing officer may, at any time, issue subpoenas to compel the attendance and testimony of witnesses and production of books, accounts, papers, records and documents at any hearing. If an interested party desires the issuance of subpoenas in order to compel the attendance of witnesses or the production of evidence at a scheduled hearing, the party's request should be filed with the review commission at least five calendar days in advance of the date of the hearing in order to allow sufficient time for preparation and service of the subpoenas. In the event that the number of subpoenas requested by any party appears to be unreasonable, the review commission may require a showing of necessity therefor, and, in the absence of such showing, only three subpoenas will be issued.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: August 9, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 4146-15-02 Service of subpoenas.

Service of subpoenas may be made by regular mail, registered mail, or certified mail with return receipt requested or by personal service of an authorized agent. Proof of service shall be evidenced by the return of such receipt for registered or certified mail or by affidavit of service.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: August 9, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 4146-15-03 Contempt proceedings.

Any individual who refuses to testify of fails to appear at any proceeding in response to a subpoena duly issued and served, or fails to produce books, records, documents, or other written evidence in the individual's possession or under the individual's control as to any matter regarding which the individual may be lawfully interrogated, shall be subject to contempt proceedings as authorized in section 4141.17 of the Revised Code.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: October 1, 1998
• Promulgated Under: 119.03

Ohio Adm.Code 4146-15-04 Who may be allowed witness fees; amount.

Witness fees shall be allowed to those witnesses who were duly subpoenaed and pursuant thereto appeared at a hearing. For each day of attendance each of such witnesses shall be allowed the amount prescribed in section 119.094 of the Revised Code.

Last updated September 9, 2025 at 12:34 PM

History

• Effective: August 11, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 4146-15-05 Amount of mileage fees.

Each subpoenaed witness who verifies the witness mileage shall be allowed mileage fees at the rate prescribed in section 119.094 of the Revised Code for each mile actually and necessarily traveled in order to participate in the hearing. Mileage is to be measured from the witness residence or the place where service of subpoena was made; provided, however, that no mileage shall be allowed where said travel is solely within the corporate limits of the municipality in which such hearing is held.

Last updated September 9, 2025 at 12:34 PM

History

• Effective: August 11, 2020
• Promulgated Under: 119.03

Chapter 4146-17 Availability of Information; Notice of Hearing

Ohio Adm.Code 4146-17-01 Availability of information contained in review commission files.

(A) In addition to the director's file, the review commission shall maintain a file in each case before it. The review commission file shall consist of the appeal, request for review or an application for appeal, all exhibits introduced at the hearing, the transcript where it exists and any other documents pertaining to the case that are submitted or generated after an appeal, application for appeal or request for review has been filed.

(B) An interested party may request a copy of the director's file and/or the review commission file prior to a hearing in order to prepare for a hearing before a hearing officer or the review commission. The review commission will copy the file(s) and send it to the requesting party. Wherever possible, copies will be sent electronically at no cost. Hard copies will only be provided if the copies cannot be sent electronically at a reproduction cost set by the commission.

(C) Where an interested party wishes to obtain a copy of the file(s) prior to a scheduled hearing, the request should be made within five days of the date the "Hearing Notice" was sent. Where an interested party's request is made after the time specified in this paragraph, the request will be allowed if it can be accommodated without causing delay to a scheduled hearing.

(D) Where an appealing party wishes to obtain a copy of the file(s) prior to the review commission's examination of a request for review, the request should be made at the time the request for review is filed or no later than five days after such filing.

(E) Copying of files pursuant to this rule shall be permitted only for purposes relating to Chapter 4141. of the Revised Code.

Last updated December 13, 2024 at 10:54 AM

History

• Effective: December 13, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4146-17-02 Furnishing of transcripts or hearing tapes.

The record of a hearing shall not be transcribed except as required by statute. Upon a request made of the review commission, a copy of the hearing record will be provided at the cost of the requesting party.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Chapter 4146-19 Representation

Ohio Adm.Code 4146-19-01 Representation before hearing officer or review commission.

At any proceeding before a hearing officer or review commission, any interested party may appear personally, by counsel, or an authorized representative.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-19-02 Representative of interested party may be barred.

A hearing officer or the review commission may bar, for cause, the representative of any interested party from appearing in any proceedings in a case. Such cause shall be set out in the record of the case. In the event a representative is barred, if the aggrieved party so desires, proceedings in the case shall be adjourned or continued to afford an opportunity to such party to secure other representation.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: October 1, 1998
• Promulgated Under: 119.03

Ohio Adm.Code 4146-19-03 Fees of representative.

Unless approved by the review commission in writing, no person representing an interested party in a case before the hearing officer and the review commission shall charge fees in excess of twenty five percent of the amount of benefits involved in the case.

Last updated April 4, 2025 at 10:58 AM

History

• Effective: October 1, 1998
• Promulgated Under: 119.03

Ohio Adm.Code 4146-19-04 No fees chargeable to interested parties.

Except as provided in rule 4146-17-02 of the Administrative Code, no interested party shall be charged fees of any kind by the review commission or hearing officers.

Last updated April 4, 2025 at 10:59 AM

History

• Effective: October 1, 1998
• Promulgated Under: 119.03

Ohio Adm.Code 4146-17-02

The record of a hearing shall not be transcribed except as required by statute. Upon a request made of the review commission, a copy of the hearing record will be provided at the cost of the requesting party.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Chapter 4146-21 Appeals Re Eligibility Notice

Ohio Adm.Code 4146-21-01 Who may appeal in an eligibility notice case.

Any notifying employer as defined in division (F) of section 4141.28 of the Revised Code who has been issued a redetermination in accordance with said section may appeal in person, by counsel, or other authorized representative.

Last updated December 6, 2023 at 11:40 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-21-02 Matters which may be considered.

In a hearing pursuant to an appeal transferred by the director from a director's determination or redetermination finding that an eligibility notice was not timely and/or properly filed, the only issue which will be considered by the review commission or the hearing officer will be whether or not the notifying employer met the requirements for becoming an interested party under the provisions of division (F) of section 4141.28 of the Revised Code.

Last updated December 6, 2023 at 11:41 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-21-03 What constitutes an appeal in an eligibility notice case.

Any written notice filed with the review commission, with the director or one of the director's deputies, by a notifying employer in person, or by an authorized representative requesting a review of the director's decision or redetermination issued in accordance with division (F) of section 4141.28 of the Revised Code, and transferred to the review commission shall constitute an appeal.

Last updated December 6, 2023 at 11:41 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-21-04 Rights of claimants.

No claimant for unemployment benefits for a week with respect to which an employer has filed an eligibility notice, is an interested party to any proceeding under this rule.

Last updated April 4, 2025 at 10:59 AM

History

• Effective: December 6, 1999
• Promulgated Under: 119.03

Chapter 4146-23 Appeals Re Decisions or Orders Relative to Contributions, Seasonal Employment, and Benefit Charges

Ohio Adm.Code 4146-23-01 Who may appeal.

Any employer who claims to be adversely affected by a reconsidered decision or order issued by the director with respect to any determination or order affecting the liability of an employer to pay contributions or the amount of such contributions, determinations respecting applications for refunds of contributions, determinations respecting applications for classification of employment as seasonal employment and exceptions to charges of benefits to an employer's account, may file an appeal.

Last updated December 6, 2023 at 11:41 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-02 What constitutes an appeal.

Any written notice filed with the review commission, with the director or one of the director's deputies, by any employer referred to in rule 4146-23-01 of the Administrative Code, stating the employer appeals from or desires a review of a determination or reconsidered decision issued by the director, or one of the director's deputies, shall constitute an appeal.

Last updated December 13, 2024 at 10:55 AM

History

• Effective: December 13, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-03 Notification of filing of appeal.

Written notification of the filing and receipt of the employer's appeal shall be given by the review commission to the interested parties. In the event the appeal is not filed within the thirty day period provided by statute, the review commission shall dismiss the appeal by written decision, with copies thereof sent by electronic means or mailed to appellant employer and delivered to the director.

Last updated June 26, 2025 at 8:39 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-04 Matters which may be considered.

The issues at a hearing shall not be limited to the issue or issues set forth in the employer's appeal, and any other issues included in the director's reconsidered decision shall be heard, considered and a decision rendered thereon. If, at the time of filing an appeal, any prior appeal by the same appellant and involving the same or related issues has not been finally determined by the review commission, such prior appeal may, upon notice to the parties, be deemed merged into the latest appeal, and all pending appeals may be disposed of in a single decision.

Last updated December 6, 2023 at 11:42 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-05 Decision on non-appearance.

If the appellant-employer fails to appear at a scheduled hearing , the review commission shall dismiss the appellant-employer's appeal in accordance with division (D) of section 4141.281 of the Revised Code.

Last updated June 26, 2025 at 8:40 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-23-06 Reopening of proceedings prior to decision.

At any time after hearing and prior to the issuance of a decision, the review commission may, on its motion, or in its discretion upon showing of good cause, reopen the matter for further hearing. All parties who appeared at the former hearing shall be given written notice of the date, hour and place of such further hearing in the same manner as was the case in the former hearing.

Last updated April 4, 2025 at 10:59 AM

History

• Effective: December 6, 1999
• Promulgated Under: 119.03

Chapter 4146-25 Further Appeals

Ohio Adm.Code 4146-25-01 Requests for review to review commission.

A request for review to the review commission may be taken by any interested party by filing a request for review from a decision by a hearing officer.

Any written notice stating that the interested party appeals from or desires a review of the decision of the hearing officer on a hearing officer level appeal shall constitute a request for review to the review commission. If the appellant desires to submit additional evidence, the appellant should so state and set forth a brief statement thereof.

Last updated April 4, 2025 at 10:59 AM

History

• Effective: December 6, 1999
• Promulgated Under: 119.03

Ohio Adm.Code 4146-25-02 Furnishing of hearing officer level hearing record to appealing party when a request for review is filed.

When a request for review has been filed, the appealing party may either obtain a copy of the hearing officer level hearing record and/or file, at cost, before the review commission acts upon the request for review, if the request is made in order to supplement a request for review. The hearing record request should be made at the time the request for review is filed or received by the review commission within ten days of the date the request for review is filed.

Last updated December 6, 2023 at 11:42 AM

History

• Effective: November 17, 2013
• Promulgated Under: 119.03

Ohio Adm.Code 4146-25-03 Disposition of a request for review.

The review commission shall allow or disallow any request for review after an examination and consideration of the entire record, and the request for review.

(A) Disallowance of request for review

If a request for review is disallowed by order of the review commission, a copy of the order, setting forth the date of mailing, shall be sent by electronic means or mailed to each interested party, and shall include a statement of statutory appeal rights as required by paragraph (A) of rule 4146-9-01 of the Administrative Code.

(B) Allowance of request for review

If a request for review is allowed by the review commission, notification of the allowance shall be sent by electronic means or mailed to each interested party. In addition to cases where the review commission allows a request for review on its merits, the review commission will allow any timely request for review where the appellee at the hearing officer level hearing, now the appellant, shows good cause for having failed to appear at a hearing officer level hearing on the initial appeal. The commission will also allow a timely request for review whenever a material point is involved on which the record is silent or incomplete or appears to be erroneous, or it appears that there may have been a denial of a fair hearing under these rules of procedure.

(C) Notice of allowed request; response.

(1) Notice that a request for review has been allowed shall be sent by electronic means or mailed to each interested party.

(2) Notice that a request for review has been allowed shall advise the appellee that the appellee may respond to the request for review prior to the review commission's disposition of the allowed request for review.

(3) In order to respond to the request for review, the appellee may obtain a copy of the first level hearing record and/or file at cost. The request must be filed with the commission within ten days after the date the notice that a request for review has been allowed was sent or mailed.

(4) Any response to a notice of an allowed request for review must be filed with the review commission within:

(a) Ten days of the date the notice that a request for review has been allowed was sent or mailed or,

(b) Ten days of the date the first level hearing record referred to in paragraph (C)(3) of this rule was sent or mailed.

(5) Responses are considered to be timely filed when they are received by the review commission, and one of the following occurs:

(a) Receipt is before the close of business on the last day of the filing period;

(b) The response is mailed, and the enclosing envelope bears a postmark date, as governed by the United States postal regulations, before midnight of the last day of the filing period; or

(c) The response is mailed, the postmark date is illegible or missing, and it is received no later than the third calendar day following the last day of the filing period.

(d) The response is sent by facsimile device or other electronic means and received by the commission by midnight of the last day of the filing period.

(D) Disposition of an allowed request for review

The review commission may dispose of an allowed request for review by taking one of the following actions:

(1) Without further hearing, rewrite the hearing officer's decision, affirming, modifying, or reversing such decision.

(2) Affirm the hearing officer's decision without further hearing or issuing a decision.

(3) Hold further proceedings at review level or assign such to a hearing officer to conduct a hearing for the review commission.

(E) Notice of any further proceeding shall be sent by electronic means or mailed to each interested party as provided in paragraph (A) of rule 4146-5-04 of the Administrative Code.

Last updated June 26, 2025 at 8:40 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 4146-9-01

(A) The review commission or the hearing officer, as soon as administratively feasible after the close of all proceeding in a case shall issue a written decision which shall affirm, modify or reverse the prior decision. The decision shall be based upon evidence in the record, and consideration of arguments on the record, and shall set forth findings of fact and the reasons for the legal conclusions reached on the issues; provided, that in respect to a request for review, the review commission shall issue a written order granting or denying such request as provided in rule 4146-25-02 of the Administrative Code. If the review commission's decision or order is not unanimous, the vote of the majority of members shall control, and the dissent shall be noted on such decision or order. The dissenting member may append to the decision or order an opinion in the case.

(B) Copies of decisions of hearing officers and decisions and orders of the review commission, including dissenting opinions, shall be sent by electronic means or mailed to each interested party, and shall set forth the date the decision or order is sent or mailed and a clear statement of statutory appeal rights.

(C) Within the twenty-one calendar day period immediately following the date the hearing officer's decision is sent by electronic means or mailed, or within the thirty calendar day period immediately following the date the decision or order of the review commission is sent or mailed, the hearing officer or the review commission who issued such decision or order may vacate and set aside such decision or order, and make such changes and revisions therein as are just and proper; provided, jurisdiction has not been removed to a higher authority. Copies of such revised decision or order shall be sent by electronic means or mailed to the interested parties with the date the decision or order is sent or mailed and a clear statement of statutory appeal rights as provided in paragraph (B) of rule 4146-9-01 of the Administrative Code.

(D) Copies of decisions of hearing officers and decisions and orders of the review commission shall be retained electronically by the review commission for the retention period.

Last updated September 22, 2025 at 7:39 AM

History

• Effective: September 21, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 4146-5-04

(A) A notice of hearing for all scheduled hearings, except for hearings held under Chapter 4146-23 of the Administrative Code, i.e., contribution rate appeal hearings, shall be sent by electronic means or mailed to each interested party at least seven days prior to the hearing date. In a hearing held under Chapter 4146-23 of the Administrative Code, the notice of hearing shall be sent or mailed to each interested party at least twenty-one days prior to the hearing date. A notice of hearing shall specify:

(1) The date, time and place of the hearing, and

(2) A brief summary of the issues to be heard and decided.

(B) Any interested party or their authorized representative may waive formal written notice of hearing. A hearing may be scheduled earlier than the number of days specified in this rule only upon the agreement of the interested parties.

Last updated April 8, 2026 at 8:06 AM

History

• Effective: April 8, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 4146-25-04 Disposition of an application for appeal in a labor dispute case.

Upon receipt of an application for appeal from the director's hearing officer in a labor dispute case, the review commission shall review the decision of the hearing officer and the full record of the case, including the transcript of the hearing. This review shall be completed within fourteen days after receipt of the director's decision or the receipt of the record, whichever is later. After review, the commission shall dispose of the application as follows:

(A) The commission may disallow the application without further hearing. The disallowance is an affirmation of the director's decision.

(B) The commission may allow the application and schedule a further hearing.

(C) If the application is allowed and further hearing granted, the commission shall make the director's record a part of the commission's record and consider that record in arriving at a decision, affirming, reversing or modifying the director's decision.

(D) The review commission shall send a copy of its decision to all interested parties as follows:

(1) Where the application is disallowed, notice shall be sent by electronic means or mailed within fourteen days after the commission makes the decision to disallow.

(2) Where the application is allowed and a hearing held, a decision shall be sent by electronic means or mailed within fourteen days after the hearing.

(3) The time limits to review an application or send or mail a decision may be extended by agreement of all interested parties or for good cause established by the commission.

Last updated June 26, 2025 at 8:40 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Chapter 4146-29 Definitions

Ohio Adm.Code 4146-29-01 Definitions.

(A) For the purposes of agency 4146 of the Administrative Code, "facsimile device" means a device that electronically or telephonically receives and transmits reproductions or facsimiles of documents.

(B) For the purposes of agency 4146 of the Administrative Code, "internet" means an electronic communications network that connects computers networks and organizational computer facilities via routers worldwide.

(C) For the purposes of the rule, "workday" means any day that is not a Saturday, Sunday, or legal holiday.

(D) For the purposes of this rule, "electronic means" includes, but is not limited to, a facsimile device, electronic network, or the internet.

Last updated June 26, 2025 at 8:40 AM

History

• Effective: August 17, 2015
• Promulgated Under: 119.03

Chapter 4146-31 Public Confidence in Commission

Ohio Adm.Code 4146-31-01 Ethics Policy.

(A) It is essential that the public has confidence in the administration of the unemployment compensation review commission. The public confidence depends in a large degree whether the public trusts that employees of the commission are impartial, fair, and act only in the interest of the people, uninfluenced by any consideration of self interest, except those inherent in the proper performance of their duties.

(B) Each employee, of whatever position, should maintain the highest standards of personal integrity, because the public often judges the actions of an employee as reflecting the standards of the employing agency. Each employee, of whatever position, should be willing to accept restrictions on their conduct that may not be necessary of public employees in other agencies, who are not in similar position of trust. Each employee, of whatever position, must avoid not only impropriety, but also the appearance of impropriety.

Last updated November 29, 2023 at 2:04 PM

History

• Effective: June 19, 2017
• Promulgated Under: 119.03