Ohio Administrative Code

19.03 PDF: The following definitions are provided for the purposes of clarifying the meaning of certain terms as they appear in sections 4115.03 to 4115.16 of the Revised Code and division 4101:9 rules of the Administrative Code.(A) "Apprentice" means any employee who is enrolled…

19.03 PDF: (A) An employer shall pay not less than the prevailing wage rate as determined by the director in the following manner:(1) Payment of the basic hourly rate of pay directly to the employee plus payment of the rate of contribution and rate of costs permitted under divisi…

19.03 PDF: (A) Pursuant to division (E)(2) of section 4115.03 of the Revised Code, commerce will allow credit for the "rate of contribution" irrevocably made by an employer to a trustee or to a third person pursuant to a fund, plan, or program. No credit will be allowed to the ex…

19.03 PDF: (A) Pursuant to division (E)(3) of section 4115.03 of the Revised Code, commerce will allow credit for the rate of costs that may be reasonably anticipated in providing fringe benefits to employees pursuant to an enforceable commitment to carry out a financially respon…

19.03 PDF: (A) It is the duty of each employer to calculate the amount of credit it seeks for fringe benefits in accordance with Chapter 4101:9-4 of the Administrative Code.(B) Each employer shall submit a certified payroll report to the prevailing wage coordinator. This report s…

19.03 PDF: (A) The following deductions from wages may be made without application to and approval of commerce:(1) Any deduction from wages required by federal, state, or local law;(2) Any deduction of amounts required by court order, process, or judgment to be paid to another un…

19.03 PDF: (A) Overtime compensation shall be computed in the manner prescribed by this rule. This rule incorporates the provisions of division (A) of section 4111.03 of the Revised Code and sections 207 and 213 of the Fair Labor Standards Act, 29 U.S.C.A. 207, 213.(B) Subject to…

19.03 PDF: (A) The director shall determine the prevailing rate of wages to be paid for a legal day's work to employees upon public works as not less than the collective bargaining rates in the applicable locality under collective bargaining agreements or understandings between e…

19.03 PDF: (A) Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have commerce determine the prevailing rate of wages to be paid to labor…

19.03 PDF: (A) In addition to the duties delineated in section 4115.071 of the Revised Code, duties of the prevailing wage coordinator shall include:(1) Reporting any delinquency in the filing of the certified copy of the payroll or related documentation or affidavits to the chie…

19.03 PDF: (A) Every contractor and subcontractor on a public improvement project shall:(1) Under its contract with any public authority or contractor of a public authority, supply the prevailing wage coordinator with all documentation required pursuant to sections 4115.03 to 411…

19.03 PDF: (A) No contractor or subcontractor under a contract for a public improvement or public work shall sublet any of the work covered by such contract unless specifically authorized to do so by the contract. If a contractor or subcontractor sublets a contract, it shall noti…

19.03 PDF: (A) As used in sections 4115.03 to 4115.16 of the Revised Code and division-level 4101:9 rules of the Administrative Code, the occupation called for by the contract is the functional job to be performed, such as "carpenter," "laborer," or "electrician."(B) Laborers, wo…

19.03 PDF: (A) Apprentices, serving laborers, assistants, helpers, and trainees shall not be categorized as common labor.(B) Apprentices may be categorized in their particular trades, and paid less than the prevailing rates of wages for qualified laborers, workmen, or mechanics i…

19.03 PDF: (A) The construction of a public improvement shall be "fairly estimated to be more than the threshold," based on the prevailing wage rates in the locality at the time the project is to be let out for bidding, whether done at one time or in phases.(B) Whenever a contrac…

19.03 PDF: A public authority that constructs a public improvement project with its own employees shall pay not less than the prevailing rate of wages, unless the public authority's employees performing the work are full-time employees that have completed their probationary perio…

19.03 PDF: (A) An employer shall not pay or permit any worker to accept wages less than the prevailing rate of wages as determined by the director and evidenced by the prevailing wage rate schedule.(B) An employer shall provide evidence of proper payment of wages when requested b…

19.03 PDF: (A) Each contractor and subcontractor performing work on a public improvement shall keep, maintain for inspection, and preserve accurate payroll records in accordance with this chapter. If an employer performs both prevailing wage work and non-prevailing wage work, the…

19.03 PDF: (A) A complaint may be filed with the director by any employee upon a public improvement or by any interested party. The complaints shall be in writing on a form furnished by the director and delivered to the "Ohio Department of Commerce, Division of Industrial Complia…

19.03 PDF: Except as provided in division (B) of section 4115.10 of the Revised Code, commerce, at the sole discretion of the director, may hold hearings in connection with any investigation. Any hearings held pursuant to section 4115.131 of the Revised Code shall be conducted in…

19.03 PDF: In the event hearings are held:(A) The hearing shall be held in the county in which the violation is alleged to have occurred, in Franklin county, or in the county that is the situs of the project.(B) Notice shall be given to the employer, the public authority, and all…

19.03 PDF: (A) In any investigation, the director or director's designee may administer oaths, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of documents and testimony. Subpoenas, including subpoena…

19.03 PDF: (A) To satisfy a claim, the employer shall submit payment to commerce. Payments to be made to commerce in satisfaction of any claim shall be made out to "the Ohio department of commerce in trust for" the named employee. The employer should withhold all applicable feder…

19.03 PDF: Where an investigation by commerce discloses a failure to pay the prevailing rate of wages on an ongoing project, commerce may propose to issue an order halting work. Notice shall be given to the contractor or subcontractor and the sureties thereof. The notice may be i…

When used in Chapter 4112. of the Revised Code and Chapters 4112-1 to 4112-3 of the Administrative Code:(A) "Chair" or "chairperson" means the commissioner designated "chairman" by the governor pursuant to section 4112.03 of the Revised Code.(B) "Charge" means a written statement…

(A) In computing any period of time referred to in the rules of the commission or contained in any order of the commission, the day of the act, event, or occurrence from which the designated procedure begins to run shall not be included. The last day of the period so computed sha…

The commission may, in its discretion, conduct such general investigations into the problems of discrimination as it deems necessary or desirable and may study and report upon the problems of the effect of discrimination on any field of human relationships. Last updated June 20, …

(A) Notice of meetings. The commission will provide notification of the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings pursuant to the following provisions:(1) Any persons may ascertain the time and place of all regular…

Except where contrary to law, the commission may delegate any of the powers and duties of the commission to the members of the staff of the commission. Last updated June 20, 2023 at 9:03 AM Authorized By: 4112.04 Amplifies: 4112.04, 4112.05, 4112.051 Five Year Review Date: 6/19/2…

The director or the director's designee is authorized to certify all documents or records which are a part of the files and records of the commission. Last updated September 14, 2023 at 12:48 PM Authorized By: 4112.04 Amplifies: 4112.04, 4112.05, 4112.051 Five Year Review Date: 9…

Where this chapter incorporates by reference a provision of a statute, a civil rule, a regulation, or any other standard or guideline, such provision is incorporated as it exists at the effective date of this rule. Last updated June 20, 2023 at 9:03 AM Authorized By: 4112.04 Ampl…

The rules of the commission shall be available to the public at all commission offices. A certified copy of these rules shall be filed by the director with the secretary of state and the legislative service commission at Columbus, Ohio. Last updated October 2, 2023 at 11:34 AM Au…

Except as otherwise provided in these rules or in the Ohio Revised Code, notices, decisions, orders, and other substantive process and papers of the commission may be served personally, by mail, or by electronic mail. Service by mail or electronic mail shall be deemed completed u…

(A) Who may file. Any person may file with the commission.(B) Form of charge. The charge shall be in writing, the original being signed in the manner prescribed in rule 4112-1-01 of the Administrative Code.(1) A signature may be made in electronic format in accordance with the Un…

A commission staff member may be assigned to initiate contact with the complainant and respondent, and conduct a fact-finding conference between the complainant and respondent or their representatives to examine the factual basis behind the charge.Any party who participates in a …

(A) Preliminary investigation. After the receipt of a charge, the director or the director's designee may assign a member or members of the commission staff to conduct a preliminary investigation. The investigation shall be designed to obtain necessary information upon which the …

(A) Procedure for applying for reconsideration. Any party may apply to the commission for reconsideration of a determination of probable cause or any final commission determination of a preliminary investigation. The application must be in writing, state specifically the grounds …

(A) Issuance of complaint. If the commission determines that it is probable that any unlawful discriminatory practices have been or are being engaged in against the complainant or others, the commission shall serve upon the complainant, any aggrieved person other than the complai…

(A) Time of filing answer. A respondent against whom a complaint has been issued and on whom a notice of hearing and copy of the complaint has been served shall file a written answer within twenty-eight days from the date of service of the complaint and notice of hearing.(B) Plac…

(A) Scope of rule. This rule governs the practice and procedure of administrative hearings conducted by the commission.(B) Administrative law judges. The commission may employ or appoint such individuals as the commission may, from time to time, determine necessary to act as admi…

The transcript of the record at any hearing shall consist of the notice of hearing, the pleadings, the stenographic transcript of the testimony taken at the hearing, the exhibits and depositions offered in evidence, proffers of evidence, written applications, orders, motions, mem…

(A) Written report and recommendation. Upon due consideration of the evidence adduced at the hearing and the arguments made, the member(s) of the commission or administrative law judge(s) conducting the hearing shall submit to the commission a written report setting forth finding…

(A) Content. The final order of the commission issued after a hearing shall be accompanied by findings of fact and conclusions of law.(B) Issuance of a cease and desist order.(1) If upon all the reliable, probative, and substantial evidence the commission determines that a respon…

(A) The commission, on its own motion or by motion of any party, may set aside any final order and, after reasonable notice has been given, take action as it may deem necessary, including reinstating or modifying in whole or in part any finding or order previously made by it.(B) …

(A) In general. The commission and respondent shall both enjoy the same rights of discovery as are provided for in division (B)(3) of section 4112.04 of the Revised Code, and in rules 26 through 37 of the Ohio Rules of Civil Procedure except to the extent that the civil rules by …

(A) Issuance of subpoenas. A commissioner may issue a subpoena to compel the attendance of witnesses or the production of evidence, including, but not limited to, books, records, correspondence, or other documents relating to any matter under investigation by the commission or as…

(A) All motions and petitions made to the commission, except motions governed by paragraph (F) or (J) of rule 4112-3-07 of the Administrative Code, shall contain a memorandum stating the reasons in support of the motion or petition and citing the authorities upon which the movant…