Effective: July 1, 2000
Latest Legislation: House Bill 471 - 123rd General Assembly
If the director of job and family services finds that any person, firm, corporation, or association is, or has been, an employer subject to this chapter, which determination of liability has become final pursuant to the provisions of section 4141.26 of the Revised Code, and has failed to comply with such sections, the director shall determine the period during which the person, firm, corporation or association was such an employer, which finding and determination is for all purposes of such sections prima-facie evidence thereof. The director shall forthwith give notice of said action to the employer who shall immediately thereafter furnish the director with a payroll covering the period included in said finding, and shall forthwith pay the amount of contribution determined and fixed by the director.
If said employer fails to furnish such payroll and pay the contribution for such period within ten days after receiving such notice, the director shall then determine the amount of contribution due from said employer for the period the director found the employer to be subject to this chapter, including interest, and shall notify said employer of the amount thereof and shall order it to be paid. If said amount is not paid within ten days after receiving notice, the director shall certify that finding relative to such employer to the attorney general, who shall forthwith institute a civil action against such employer in the name of the state for the collection of such contribution and interest. In such action it is sufficient for the plaintiff to set forth a copy of such finding as certified by the director to the attorney general and to state that there is due to plaintiff on account of such finding a specified sum which plaintiff claims with interest. A certified copy of such finding of the amount of contribution due shall be attached to the petition and is prima-facie evidence of the truth of the facts therein contained. The answer or demurrer to such petition shall be filed within ten days, the reply or demurrer to the answer within twenty days, and the demurrer to the reply within thirty days after the return day of the summons or service by publication. All motions and demurrers shall be submitted to the court within ten days after they are filed. As soon as the issues are made up in any such case, it shall be placed at the head of the trial docket and shall be first in order of trial.
Unless said employer before the filing of the petition executes a bond to the state, in double the amount so found and ordered paid by the director, with sureties to the approval of the director, conditioned that the employer shall pay any judgment and costs rendered against the employer for said contribution, the court at the time of the filing of the petition, without notice, may at the request of the director appoint a receiver for the property and business of such employer in this state, with all the powers of receivers in other cases, who shall take charge of all said property and assets of the defendant and administer them under the orders of the court.
If upon the final hearing of said cause it is determined that the defendant previously has been held liable as an employer to pay contributions pursuant to the provisions of section 4141.26 of the Revised Code, which determination has become final in accordance with the provisions of such section and is subject to this chapter, the court shall render judgment against said defendant for the amount of contribution provided to be paid by such employer for such period, with interest and costs, which judgment shall be given the same preference as is allowed by law to judgments rendered for claims for taxes.
If any employer who has complied with this chapter defaults in any payment required to be made by the employer for a period of ten days after notice that such payment is due, the same proceedings may be had as in the case of an employer against whom the director has made a finding as provided in this section.
If the defendant is a nonresident of this state or a foreign corporation doing business in this state, service of summons may be made upon any agent, representative, or foreperson of said defendant, wherever found in the state, or service may be made in any other manner authorized by statute.
The director, for good cause shown, may waive a default in the payment of contributions when said default is less than sixty days' duration.
Structure Ohio Revised Code
Chapter 4141 | Unemployment Compensation
Section 4141.01 | Unemployment Compensation Definitions.
Section 4141.031 | Appointment of Agricultural Ombudsperson.
Section 4141.04 | Free Employment Services.
Section 4141.042 | Promoting Employment Competencies and Upward Mobility of Women.
Section 4141.046 | Prohibition Against Accepting Compensation for Securing Employment.
Section 4141.06 | Unemployment Compensation Review Commission.
Section 4141.07 | Non-Lawyer Representatives - Commission or Representative Fees Prohibited.
Section 4141.08 | Unemployment Compensation Advisory Council.
Section 4141.10 | Unemployment Compensation Administration Fund.
Section 4141.11 | Unemployment Compensation Special Administrative Fund.
Section 4141.12 | Unemployment Compensation Modernization and Improvement Council.
Section 4141.13 | Director of Job and Family Services - Additional Duties.
Section 4141.131 | Sale of Real Property.
Section 4141.162 | Establishing Income and Eligibility Verification System.
Section 4141.17 | Oaths, Depositions, and Subpoenas.
Section 4141.18 | Employer Shall Keep Employment Record.
Section 4141.20 | Employers to Furnish Information to Director - Quarterly Reports - Forfeiture.
Section 4141.22 | Divulging Information.
Section 4141.23 | Employer Contributions - Payments in Lieu of Contributions.
Section 4141.231 | Satisfying Employer's Deficiency.
Section 4141.24 | Employer Accounts.
Section 4141.241 | Nonprofit Organizations as Employers.
Section 4141.242 | Public Entities as Employers.
Section 4141.25 | Contribution Rates.
Section 4141.251 | Unemployment Compensation Interest Contingency Fund.
Section 4141.26 | Notifying Employer of Contribution Rate.
Section 4141.27 | Proceeding Against Employer Who Fails to Comply.
Section 4141.28 | Determination of Benefit Rights and Claims for Benefits.
Section 4141.281 | Appeal to Director.
Section 4141.282 | Appeal to Court.
Section 4141.283 | Unemployment Due to Labor Dispute.
Section 4141.284 | Child Support Obligations.
Section 4141.285 | Unemployment Caused by Major Disaster.
Section 4141.286 | Mandatory Checks for Determining Benefit Rights and Eligibility.
Section 4141.29 | Eligibility for Benefits.
Section 4141.291 | Voluntarily Quitting to Accept Recall.
Section 4141.292 | State Disaster Unemployment Benefit Payment.
Section 4141.293 | Participation in Learn to Earn Program.
Section 4141.30 | Paying Benefits.
Section 4141.301 | Extended Benefit Period.
Section 4141.31 | Benefits Reduced by Remuneration.
Section 4141.32 | No Waiver or Assignment of Benefits.
Section 4141.321 | Federal Income Tax Deducted or Withheld.
Section 4141.33 | Seasonal Employment.
Section 4141.35 | Fraudulent Misrepresentations to Obtain Benefits - Other Reasons.
Section 4141.36 | Deductions From Salaries Not Permitted Except for Private Benefits.
Section 4141.37 | Compliance by Firm or Corporation Mandatory.
Section 4141.38 | Prohibition Against Failure to Make Reports or Pay Contributions.
Section 4141.40 | Prohibition Against Violations Not Otherwise Specified.
Section 4141.43 | Cooperation With Federal, State, and Other Agencies.
Section 4141.431 | Domestic Service in Private Home.
Section 4141.432 | Unemployment Compensation Administrative Support Other Sources Fund.
Section 4141.45 | Right to Amend or Repeal.
Section 4141.46 | Liberal Construction of Statutes.
Section 4141.48 | Acquisition of Trade or Business to Lower Contribution Rate Prohibited.
Section 4141.50 | Sharedwork Ohio Definitions.
Section 4141.51 | Participation in Sharedwork Ohio.
Section 4141.52 | Commencement and Duration of Shared Work Plan.
Section 4141.53 | Eligibility for Shared Work Compensation.
Section 4141.54 | Employees Who Satisfy Availability Requirement.