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Industrial Commission Amends 2 Rules, effective September 7, 2017

Effective September 7, 2017, Ohio Admin.Code 4121-15-03 and 4121-3-18 were amended.

 

Ohio Admin.Code 4121-15-03 governs the standards of conduct (i.e. ethical conduct) of Commission and Bureau employees, and follows the provisions of the Ohio ethics law contained in Chapters 102 and 2921 of the Revised Code.  Under Ohio Admin. Code 4121-15-03, Industrial Commission members, the administrator, BWC board members, Commission employees, and Bureau employees are prohibited from receiving anything of value, including compensation, from anyone doing business with the Bureau or Commission.  The recent amendment adds language to the rule which defines compensation to mean “money, thing of value, or financial benefit.”  Compensation “does not include reimbursement for actual and necessary expenses incurred in the performance of official duties.”

 

Ohio Admin.Code 4121-3-18 sets forth the requirements for administrative appeals.  Historically, appeal deadlines under this rule are triggered by receipt of the Commission’s orders.  When the Commission began issuing its orders by email notification, the rule underwent an amendment to address the appeal requirements for parties who elect to receive orders by email.  Under this circumstance, there was a rebuttable presumption that orders subject to appeal were received the next business day after email notification was sent.  The recent amendment extends the rebuttable presumption to 3 days of the mailing of the order, unless the day of receipt falls on a weekend, legal holiday, or day on which the Commission is closed, under which circumstance the order will be presumed received on the next succeeding business day.

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