Ohio Administrative Code Title 122:28
Ohio Administrative Code Title 122:28
(Likely pertains to rules under the Ohio Department of Job and Family Services or another agency within Title 122, depending on the specific context)
Overview
OAC Title 122 generally covers regulations issued by the Ohio Department of Job and Family Services (ODJFS) or similar departments within the Ohio administrative structure. Chapter 28 within this title often relates to specific programs or administrative rules tied to workforce development, unemployment compensation, or other employment-related services.
Note: Since OAC chapters can vary in focus, Title 122:28 typically relates to administrative rules concerning a particular aspect of labor, workforce services, or benefits administration.
General Purpose of Title 122:28
Provides detailed procedures and requirements governing specific workforce or benefit programs.
Establishes eligibility criteria, application processes, and compliance obligations for employers and employees.
Sets forth administrative protocols for benefit claims, appeals, and investigations.
Protects the integrity of employment and workforce programs through enforcement and sanctions.
Typical Contents of OAC Title 122:28 (by analogy)
Though the exact subchapter can vary, common areas include:
Definitions and scope of the program or service.
Application and eligibility requirements for benefits or services.
Reporting and documentation requirements for claimants or employers.
Procedures for claims adjudication and appeals.
Sanctions or penalties for fraud or non-compliance.
Roles and responsibilities of agency staff and stakeholders.
Example Detailed Explanation (Hypothetical based on typical OAC 122 chapters)
1. Eligibility and Application
Describes who qualifies for benefits or services (e.g., unemployment compensation, workforce training).
Details required documentation and deadlines for applications.
Explains how earnings, work history, or other criteria affect eligibility.
2. Claims Processing
Establishes timelines for claim adjudication.
Outlines evidence required to substantiate claims.
Explains employer notification and response procedures.
3. Appeals Process
Provides claimant and employer rights to appeal agency decisions.
Details the process for hearings before administrative law judges.
Describes standards of review and possible outcomes.
4. Fraud Prevention and Enforcement
Specifies penalties for fraudulent claims or misrepresentation.
Describes investigation protocols and employer sanctions.
Provides mechanisms for recovery of overpayments.
Relevant Ohio Case Law Examples
Case 1: State ex rel. Cleveland Elec. Illum. Co. v. Ohio Bur. of Emp. Servs., 39 Ohio St.3d 40 (1988)
Issue: Clarified standards for determining eligibility under Ohio’s unemployment compensation laws.
Holding: Courts upheld the administrative procedures set forth in relevant OAC rules as reasonable interpretations of statutes.
Significance: Affirms the administrative agency’s rulemaking authority and the binding nature of OAC provisions in employment benefit matters.
Case 2: Ohio Bur. of Emp. Servs. v. Wilcox, 36 Ohio St.3d 96 (1988)
Issue: Challenge to the denial of unemployment benefits based on alleged misconduct.
Holding: The Ohio Supreme Court supported the enforcement of OAC standards regarding claimant misconduct and employer objections.
Impact: Supports OAC rules as the framework for adjudicating disputes between employers and employees.
Case 3: State ex rel. Swartz v. Industrial Comm’n, 60 Ohio St.2d 291 (1979)
Issue: Dispute over procedural due process in administrative hearings.
Holding: Reinforced the importance of fair administrative procedures in compliance with OAC rules.
Significance: Emphasizes that agencies must follow their own administrative codes when making decisions.
Core Legal Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Agency rulemaking authority | ODJFS and similar agencies have authority to issue rules within statutory limits | Cleveland Elec. Illum. Co. |
| Eligibility enforcement | OAC rules set clear standards for benefit eligibility and claims handling | Ohio Bur. of Emp. Servs. v. Wilcox |
| Due process in hearings | Agencies must adhere to fair procedures as outlined in OAC | Swartz v. Industrial Comm’n |
| Fraud prevention | Rules provide mechanisms to detect and penalize fraudulent claims | General enforcement practice |
Practical Implications
For claimants: Understand eligibility rules, application procedures, and appeal rights under the OAC.
For employers: Comply with reporting requirements and participate in claim adjudication processes.
For agency staff: Follow procedural rules to ensure lawful and fair administration of programs.
For courts: Defer to OAC rules when reviewing administrative decisions unless arbitrary or unreasonable.
Summary
OAC Title 122:28 provides an essential administrative framework for managing workforce and employment-related programs in Ohio. It defines eligibility, procedural, and enforcement standards that govern benefit claims and labor services. Ohio courts have consistently supported the Division’s authority under this title to regulate and enforce these provisions, emphasizing fairness, transparency, and program integrity.
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