(A)Any interested
party notified of a determination of an application for determination of
benefit rights or a claim for benefits may, within twenty-one calendar days
after the date the notice was sent, appeal the determination in the manner
prescribed by section 4141.281 of the Revised Code. An appeal of a
determination shall be deemed to be a request for redetermination during the
period the director has jurisdiction.
(B)Upon receipt of
a request for redetermination/appeal, the director shall issue a
redetermination or transfer the request to the commission.
(1)If the director
issues a redetermination, it shall void the prior determination. Such
redetermination is appealable to the same extent as a determination.
(2)If the director
transfers the request for redetermination/appeal to the commission, the
commission shall acquire jurisdiction over the appeal as of the date of
transfer.
(3)If the director
receives a request for redetermination/appeal under this division but fails to
issue a redetermination within twenty-one days, the commission shall acquire
jurisdiction with respect to the appeal as of the day after the twenty-one day
period.
(C)For the
purposes of division (C)(3) of section 4141.281 of the Revised Code, the
"director's file" that is required to be included in the record on
appeal, shall include the following:
(1)The
determination or redetermination under appeal;
(2)All information
in the file pertaining to, or upon which, the determination or redetermination
was based;
(3)Any
information, received by the director prior to the transfer of the request for
redetermination/appeal to the commission, that relates to the facts or
circumstances upon which the determination or redetermination was based.
Five Year Review (FYR) Dates: 12/1/2020 and 12/01/2025
Certification: CERTIFIED ELECTRONICALLY
Date: 12/01/2020
Promulgated Under: 119.03
Statutory Authority: 4141.13
Rule Amplifies: 4141.28, 4141.281
Prior Effective Dates: 10/01/1998, 01/15/2001, 01/26/2002,
02/22/2004, 02/26/2016