Ohio Administrative Code

h 119. PDF: (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 a…

19.03 PDF: (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 journali…

19.03 PDF: 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…

19.03 PDF: (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…

19.03 PDF: (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 s…

19.03 PDF: (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, in…

h 119. PDF: 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 Dec…

19.03 PDF: (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…

h 119. PDF: (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.(C) Any member of the board may write a concurring or dissenting opinion. Last updated December 5, 2023 at 11:29 AM Autho…

19.03 PDF: 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 Authorized B…

19.03 PDF: (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…

19.03 PDF: (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 …

h 119. PDF: (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 t…

h 119. PDF: 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 Authorized By: – Amplifies: – Five Year Review Date: Prior Effective Date…

19.03 PDF: (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 …

19.03 PDF: (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 confirmatio…

19.03 PDF: (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 no…

h 119. PDF: (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 occur…

19.03 PDF: (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 appoi…

h 119. PDF: 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 Decem…

19.03 PDF: (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 a…

19.03 PDF: 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 update…

19.03 PDF: (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…

h 119. PDF: (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 …

h 119. PDF: (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 pe…

19.03 PDF: 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 gene…

h 119. PDF: (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'…

h 119. PDF: 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 Authorized By: – Amplifies: – Five Year Review Date:…

h 119. PDF: 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 Authorized By…

h 119. PDF: The board may limit cumulative testimony. Last updated December 5, 2023 at 11:03 AM Authorized By: – Amplifies: – Five Year Review Date: Prior Effective Dates: 7/1/1979

19.03 PDF: (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 …

19.03 PDF: (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 complet…

h 119. PDF: Stipulations may be accepted by the board only when both parties consent to the stipulation. Last updated December 5, 2023 at 11:03 AM Authorized By: – Amplifies: – Five Year Review Date: Prior Effective Dates: 7/1/1979

h 119. PDF: (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 neith…

h 119. PDF: (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 app…

h 119. PDF: 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 …

h 119. PDF: (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, includin…

19.03 PDF: (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 appoin…

11.15 PDF: (A) Definitions(1) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government which uses money that has been appropriated to it directly, but does not include the general assemb…

11.15 PDF: (A) Interviewing travel expensesA state agency may reimburse within the reimbursement rates and terms allowed by this rule the interviewing travel expenses of a person who is interviewing for a position identified in division (A) of section 126.32 of the Revised Code.(…

11.15 PDF: (A) The personal information systems for the office of budget and management are hereby established according to the requirements of Chapter 1347. of the Revised Code for the purpose of carrying out the provisions of that chapter.(B) The director of the office of budge…

19.03 PDF: (A) As used in this rule:(1) "Appropriation," "Disbursement," "Expenditure," "Encumbrancing document," "Fund," "Warrant," and "electronic funds transfer" have the same meaning as defined in section 131.01 of the Revised Code.(2) "Lack of funds" has the same meaning as …

19.03 PDF: With respect to All Ohio future fund funds used for site development purposes, the following applies:(A) Definitions(1) "Agency" means an agency responsible for securing the controlling board release of appropriation from the all Ohio future fund for purposes consisten…

11.15 PDF: (A) The school district solvency assistance fund shall be used to provide assistance and grants to school districts to enable them to remain solvent and to pay unforeseeable expenses of a temporary or emergency nature that they are unable to pay from existing resources…

11.15 PDF: (A) MeetingsAll meetings of the controlling board are public meetings open to the public at all times, except when the controlling board holds executive sessions or closed meetings pursuant to the requirements under section 121.22 of the Revised Code.(B) Any person may…

11.15 PDF: (A) State university or college reporting requirements(1) For the purposes of this rule:(a) "State university or college" shall have the same meaning as in section 3345.71 of the Revised Code.(b) "Expendable fund balances" shall include the sum of all reported fund bal…

19.03 PDF: As used in the rules of the minority development financing advisory board.(A) "Board" means the minority development financing advisory board.(B) "Business bonding program" means the minority business bonding program as established by sections 122.87 to 122.89 of the R…