(A)The director
may permit documents and information that are required to be filed with the
director within statutorily defined time frames in Chapter 4141. of the Revised
Code to be filed or submitted through the use of electronic means including,
but not limited to, a facsimile device, electronic network, or the internet.
(B)All documents,
reports, application, appeals, notices, exceptions, voluntary contributions,
payments and other information required to be filed with the director within
statutorily defined time frames will be considered timely filed if received by
the director within the time prescribed in Chapter 4141. of the Revised Code,
except as follows:
(1)Use of U.S.
postal service or other similar carrier services
(a)If the United
States postal service or other similar carrier services are used as the means
of delivery, the enclosing envelope mustshall have a postmark or delivery date that is on or
before the last day of the statutorily defined time frame.
(b)Where the
postmark or delivery date is illegible or missing, the documents, reports,
applications, appeals, notices, exceptions, voluntary contributions, payments,
and other information is timely filed if received no later than the end of the
fifth calendar day following the last day of the statutorily defined time
frame.
(2)Use of postage
meter mail
(a)Postage meter
mail supported by "Post Office Form 3817" will be considered to have
been received by the department on the date of the cancellation appearing on
"Post Office Form 3817."
(b)Other postage
meter mail will be considered to have been received by the department on the
date appearing on the meter imprint. However, if postage meter mail is received
by the department more than five calendar days after such date, the director
may request that additional evidence verifying the meter imprint date be
provided and consider such evidence in determining the date of receipt.
(3)Use of
"electronic means"
(a)When
electronic means are used as the method of delivery, the document or information
submitted mustis to
be received by a facsimile device, electronic device, or at an electronic
address designated, operated and maintained by the director; and be confirmed
by the director to have been received within the statutorily prescribed time
frame.
(b)If the
director finds that a document or information received electronically is
unintelligible or incomplete, the director may disregard the transmitted
document or information in rendering a determination, decision, or order with
respect to which the transmitted document or information would otherwise be
relevant.
(4)Extended
filing
When documents, reports, applications, appeals, notices,
exceptions, voluntary contributions, payments and other information required to be filed have a filing
due date that falls on Saturday, Sunday, or a legal holiday as defined
by section 1.14 of the Revised Code, they shall beare considered timely if filed on the next work day.
(C)Where the
department has not received, has disregarded as unintelligible or incomplete,
or is unable to locate an appeal, said appeal will be considered to have been
received timely if the sender provides independent verification to demonstrate
that the appeal was mailed, submitted electronically or filed in person within
the statutorily prescribed time frame.
(D)Definitions:
(1)For purposes
of this rule, "facsimile device" means a device that electronically
or telephonically receives and transmits reproductions or facsimiles of
documents.
(2)For the
purposes of this rule, "internet" means an electronic communications
network that connects computer networks and organizational computer facilities
via routers worldwide.
(3)For the
purposes of the rule, "workday" means any day that is not a Saturday,
Sunday, or legal holiday.
(4)For the purposes
of this rule, "electronic means" includes, but is not limited to, a
facsimile device, electronic network, or the internet.
(E)This rule does not apply to quarterly
reports. Filing of quarterly reports is governed by Chapter 4141-11 of the
Administrative Code.
Effective: 1/9/2020
Five Year Review (FYR) Dates: 10/23/2019 and 01/09/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 12/30/2019
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.20, 4141.23, 4141.24, 4141.241, 4141.26, 4141.28
Prior Effective Dates: 01/01/1972, 07/03/1986, 05/29/1990,
06/01/1994, 07/01/1998, 03/26/1999, 12/14/1999, 01/15/2001, 01/26/2002,
01/01/2003, 01/01/2006, 02/02/2015