Ohio Revised Code
Chapter 4141 | Unemployment Compensation
Section 4141.282 | Appeal to Court.

Effective: September 5, 2005
Latest Legislation: Senate Bill 81 - 126th General Assembly
APPEAL TO COURT
(A) THIRTY-DAY DEADLINE FOR APPEAL
Any interested party, within thirty days after written notice of the final decision of the unemployment compensation review commission was sent to all interested parties, may appeal the decision of the commission to the court of common pleas.
(B) WHERE TO FILE THE APPEAL
An appellant shall file the appeal with the court of common pleas of the county where the appellant, if an employee, is a resident or was last employed or, if an employer, is a resident or has a principal place of business in this state. If an appellant is not a resident of or last employed in a county in this state or does not have a principal place of business in this state, then an appellant shall file the appeal with the court of common pleas of Franklin county.
(C) PERFECTING THE APPEAL
The timely filing of the notice of appeal shall be the only act required to perfect the appeal and vest jurisdiction in the court. The notice of appeal shall identify the decision appealed from.
(D) INTERESTED PARTIES
The commission shall provide on its final decision the names and addresses of all interested parties. The appellant shall name all interested parties as appellees in the notice of appeal. The director of job and family services is always an interested party and shall be named as an appellee in the notice of appeal.
(E) SERVICE OF THE NOTICE OF APPEAL
Upon filing the notice of appeal with the clerk of the court, the clerk shall serve a copy of the notice of appeal upon all appellees, including the director.
(F) DUTIES OF THE COMMISSION
(1) Except as specified in division (F)(2) of this section, the commission, within forty-five days after a notice of appeal is filed or within an extended period ordered by the court, shall file with the clerk a certified transcript of the record of the proceedings at issue before the commission. The commission also shall provide a copy of the transcript to the appellant's attorney or to the appellant, if the appellant is not represented by counsel, and to any appellee who requests a copy.
(2) If the commission cannot file the certified transcript of the record of proceedings within forty-five days after a notice of appeal is filed, or within an extended period ordered by the court, then the court shall remand the matter to the commission for additional proceedings in order to complete the record on appeal. The additional proceedings may include a new hearing before the commission or a designated hearing officer.
(G) COURT BRIEFING SCHEDULES
The court shall provide for the filing of briefs by the parties, whether by local rule, scheduling order, or otherwise.
(H) REVIEW BY THE COURT OF COMMON PLEAS
The court shall hear the appeal on the certified record provided by the commission. If the court finds that the decision of the commission was unlawful, unreasonable, or against the manifest weight of the evidence, it shall reverse, vacate, or modify the decision, or remand the matter to the commission. Otherwise, the court shall affirm the decision of the commission.
(I) FAILURE TO FILE APPEAL WITHIN THIRTY DAYS
If an appeal is filed after the thirty-day appeal period, the court of common pleas shall conduct a hearing to determine whether the appeal was timely filed under division (D)(9) of section 4141.281 of the Revised Code. At the hearing, additional evidence may be introduced and oral arguments may be presented regarding the timeliness of the filing of the appeal.
If the court of common pleas determines that the appeal was filed within the time allowed, the court shall after that make its decision on the merits of the appeal. The determination on timeliness by the court of common pleas may be appealed to the court of appeals as in civil cases, and such appeal shall be consolidated with any appeal from the decision by the court of common pleas on the merits of the appeal.

Structure Ohio Revised Code

Ohio Revised Code

Title 41 | Labor and Industry

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 4141.09 | Unemployment Compensation Fund - Clearing Account, Unemployment Trust Fund Account, Benefit Account.

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 4141.14 | Rules of Director Subject to Approval of Unemployment Compensation Review Commission.

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 4141.21 | Information Maintained by or Furnished Director Not Open to Public - Publication in Statistical Form.

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 4141.312 | Benefits Reduced by Amount of Governmental Payments Based on Individual's Previous Work. - Social Security.

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 4141.39 | Injunction.

Section 4141.40 | Prohibition Against Violations Not Otherwise Specified.

Section 4141.41 | Secretary of State Is Agent of Employer for Service of Process - Comity Between States.

Section 4141.42 | Reciprocal Agreements to Determining Liability for Payment of Employer Contributions.

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 4141.47 | Auxiliary Services Personnel Unemployment Compensation Fund - Auxiliary Services Program Administrative Fund.

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.

Section 4141.55 | Reimbursement.

Section 4141.56 | Report.

Section 4141.99 | Penalty.