Effective: September 29, 2015
Latest Legislation: House Bill 64 - 131st General Assembly
(A) The governor shall appoint from among the members of the industrial commission the chairperson of the industrial commission. The chairperson shall serve as chairperson at the pleasure of the governor. The chairperson is the head of the commission and its chief executive officer.
(B) The chairperson shall appoint, after consultation with other commission members and obtaining the approval of at least one other commission member, an executive director of the commission. The executive director shall serve at the pleasure of the chairperson. The executive director, under the direction of the chairperson, shall perform all of the following duties:
(1) Act as chief administrative officer for the commission;
(2) Ensure that all commission personnel follow the rules of the commission;
(3) Ensure that all orders, awards, and determinations are properly heard and signed, prior to attesting to the documents;
(4) Coordinate, to the fullest extent possible, commission activities with the bureau of workers' compensation activities;
(5) Do all things necessary for the efficient and effective implementation of the duties of the commission.
The responsibilities assigned to the executive director of the commission do not relieve the chairperson from final responsibility for the proper performance of the acts specified in this division.
(C) The chairperson shall do all of the following:
(1) Except as otherwise provided in this division, employ, promote, supervise, remove, and establish the compensation of all employees as needed in connection with the performance of the commission's duties under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code and may assign to them their duties to the extent necessary to achieve the most efficient performance of its functions, and to that end may establish, change, or abolish positions, and assign and reassign duties and responsibilities of every employee of the commission. The civil service status of any person employed by the commission prior to November 3, 1989, is not affected by this section. Personnel employed by the bureau or the commission who are subject to Chapter 4117. of the Revised Code shall retain all of their rights and benefits conferred pursuant to that chapter as it presently exists or is hereafter amended and nothing in this chapter or Chapter 4123. of the Revised Code shall be construed as eliminating or interfering with Chapter 4117. of the Revised Code or the rights and benefits conferred under that chapter to public employees or to any bargaining unit.
(2) Hire district and staff hearing officers after consultation with other commission members and obtaining the approval of at least one other commission member;
(3) Fire staff and district hearing officers when the chairperson finds appropriate after obtaining the approval of at least one other commission member;
(4) Maintain the office for the commission in Columbus;
(5) To the maximum extent possible, use electronic data processing equipment for the issuance of orders immediately following a hearing, scheduling of hearings and medical examinations, tracking of claims, retrieval of information, and any other matter within the commission's jurisdiction, and shall provide and input information into the electronic data processing equipment as necessary to effect the success of the claims tracking system established pursuant to division (B)(14) of section 4121.121 of the Revised Code;
(6) Exercise all administrative and nonadjudicatory powers and duties conferred upon the commission by Chapters 4121., 4123., 4127., and 4131. of the Revised Code;
(7) Approve all contracts for special services.
(D) The chairperson is responsible for all administrative matters and may secure for the commission facilities, equipment, and supplies necessary to house the commission, any employees, and files and records under the commission's control and to discharge any duty imposed upon the commission by law, the expense thereof to be audited and paid in the same manner as other state expenses. For that purpose, the chairperson, separately from the budget prepared by the administrator of workers' compensation, shall prepare and submit to the office of budget and management a budget for each biennium according to sections 101.532 and 107.03 of the Revised Code. The budget submitted shall cover the costs of the commission and staff and district hearing officers in the discharge of any duty imposed upon the chairperson, the commission, and hearing officers by law.
(E) A majority of the commission constitutes a quorum to transact business. No vacancy impairs the rights of the remaining members to exercise all of the powers of the commission, so long as a majority remains. Any investigation, inquiry, or hearing that the commission may hold or undertake may be held or undertaken by or before any one member of the commission, or before one of the deputies of the commission, except as otherwise provided in this chapter and Chapters 4123., 4127., and 4131. of the Revised Code. Every order made by a member, or by a deputy, when approved and confirmed by a majority of the members, and so shown on its record of proceedings, is the order of the commission. The commission may hold sessions at any place within the state. The commission is responsible for all of the following:
(1) Establishing the overall adjudicatory policy and management of the commission under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code, except for those administrative matters within the jurisdiction of the chairperson, bureau of workers' compensation, and the administrator of workers' compensation under those chapters;
(2) Hearing appeals and reconsiderations under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code;
(3) Engaging in rulemaking where required by this chapter or Chapter 4123., 4127., or 4131. of the Revised Code.
Structure Ohio Revised Code
Chapter 4121 | Industrial Commission; Bureau of Workers' Compensation
Section 4121.01 | Industrial Commission - Bureau of Workers' Compensation Definitions.
Section 4121.02 | Industrial Commission.
Section 4121.021 | Industrial Commission Operating Fund.
Section 4121.03 | Chairperson - Executive Director - Powers and Duties Generally.
Section 4121.04 | Industrial Commission Nominating Council - Initial Appointments - Challenges.
Section 4121.09 | Official Seal.
Section 4121.11 | Bureau Rules of Procedure.
Section 4121.12 | Workers' Compensation Board of Directors.
Section 4121.122 | Discipline of Commission and Bureau Employees.
Section 4121.123 | Workers' Compensation Board Nominating Committee.
Section 4121.125 | Monitoring Performance of System.
Section 4121.126 | Conflicts of Interest by Board Members or Bureau Employees.
Section 4121.127 | Transactions by Fiduciary Involving Conflict of Interest.
Section 4121.128 | Attorney General Legal Adviser of Board.
Section 4121.129 | Audit, Actuarial, and Investment Committees.
Section 4121.13 | Administrator of Workers' Compensation - Powers and Duties.
Section 4121.131 | Special Investigation Department Access to Crime Databases.
Section 4121.14 | Investigating Agent.
Section 4121.15 | Power to Administer Oaths, Issue Subpoenas, and Compel Attendance of Witnesses.
Section 4121.16 | Witness Attendance - Fees and Mileage.
Section 4121.17 | Examination of Place of Employment Upon Petition That Same Is Unsafe.
Section 4121.19 | Record of Proceedings.
Section 4121.20 | Depositions.
Section 4121.21 | Effective Date of Orders - Time for Compliance.
Section 4121.22 | Jurisdiction Over Places of Employment.
Section 4121.23 | Petition for Hearing by Employer.
Section 4121.24 | No Action to Vacate Allowed Until After Hearing.
Section 4121.25 | Action to Set Aside, Vacate, or Amend Order.
Section 4121.26 | Statement of Issues Not Adequately Considered - Stay of Proceedings.
Section 4121.27 | Exclusive Jurisdiction of Supreme Court.
Section 4121.28 | Order of Bureau of Workers' Compensation Not Stayed by Pendency of Action.
Section 4121.29 | Priority to Be Given Actions.
Section 4121.30 | Administrative Rules.
Section 4121.31 | Joint Adoption of Administrative Rules.
Section 4121.32 | Supplementing Rules With Operating Manuals.
Section 4121.34 | District Hearing Officers - Jurisdiction.
Section 4121.35 | Staff Hearing Officers - Jurisdiction.
Section 4121.36 | Industrial Commission Hearing Rules.
Section 4121.37 | Creation of Division of Safety and Hygiene.
Section 4121.38 | Impairment Evaluation.
Section 4121.39 | Administrator of Workers' Compensation - Powers and Duties.
Section 4121.40 | Service Directors - Investigators and Field Auditors - Duties.
Section 4121.42 | In-Service Training Programs.
Section 4121.43 | Compensation Payments.
Section 4121.441 | Health Care Partnership Program - Adoption of Rules.
Section 4121.442 | Health Care Quality Advisory Council.
Section 4121.443 | Summary Suspension.
Section 4121.444 | Obtaining Workers' Compensation Payments by Deception Prohibited.
Section 4121.446 | Selection of Managed Care Organizations.
Section 4121.447 | Data Security Agreement.
Section 4121.45 | Workers' Compensation Ombudsperson System.
Section 4121.47 | Violating Specific Safety Rule or Employee Welfare Legislation.
Section 4121.471 | Limitation on Action for Employer's Failure to Comply With Safety Rule.
Section 4121.50 | Rules to Implement Coordinated Services Program for Prescription Drug Abuse.
Section 4121.61 | Aiding Rehabilitation of Injured Workers.
Section 4121.62 | Contracts for Rendition of Rehabilitation Services.
Section 4121.63 | Living Maintenance Payments Paid to Claimants Agreeing to Rehabilitation.
Section 4121.65 | Employer May Furnish Rehabilitation Services.
Section 4121.68 | Compensation and Benefits to Rehabilitation Program Participants.
Section 4121.69 | Compensation of Professional, Administrative, and Managerial Employees.