Current through all regulations passed and filed through September 16, 2024
(A) Any affected person may appeal a senior
staff membership determination made pursuant to the staff's authority provided
in rule
145-1-09 of the
Administrative Code to the public employees retirement board as provided in
this rule.
(B) The senior staff
membership determination shall be in writing and sent by certified mail, return
receipt requested. An appeal shall be submitted
in writing and received
by the executive director
not later than sixty days after the date of the senior staff membership
determination. It shall state the senior staff membership determination to be
reviewed and the basis for the review.
(C)
(1) The
retirement board may delegate its authority to hear an appeal to an independent
hearing examiner prior to the retirement board making its final decision on the
appeal.The hearing may be conducted in person or, based
on the agreement of the parties, through written submission.
(a) The independent hearing examiner must be
licensed to practice law in the state of Ohio. The independent hearing examiner
shall conduct a hearing or review of the parties'
written submissions and issue a report and recommendation to the
retirement board.
(b)
If a hearing
is conducted, there shall be a transcript of the hearing. At the hearing,
parties to the appeal and staff are permitted to submit evidence in the form of
witness testimony and any form of documentation. At the hearing, parties to the
appeal may be represented by counsel or other representative, and staff may be
represented by the office of the attorney general.
(c) The original report and recommendation
shall be sent to the retirement board. Copies of the report and recommendation
shall be provided to the parties to the appeal and to staff. Within fifteen
days of the date of issuance of the report and recommendation by the hearing
examiner, the parties to the appeal and staff may submit written objections to
the report and recommendation. The written objections shall be submitted to the
retirement board and shall not exceed fifteen pages in length. Copies of the
written objections shall be sent to the parties to the appeal and to
staff.
(2) If a written
objection is filed under paragraph (C)(1)(c) of this rule, the retirement board
may permit the parties to the appeal and staff to make a personal appearance
before the retirement board prior to the retirement board's final review of the
appeal.
(a) If a personal appearance is
permitted, the parties to the appeal shall be notified in writing by certified
mail, return receipt requested, of the time and place of such
appearance.
(b) A party to the
appeal may be represented by counsel or other representative at the retirement
board meeting at which the personal appearance is scheduled and staff may be
represented by the office of the attorney general.
(c) Each party and staff will be given the
opportunity to make final arguments, not to exceed five minutes, to the
retirement board, and answer any questions of the retirement board.
(d) No additional testimony or documentation
from the parties will be accepted by the retirement board during the personal
appearance. The staff shall prepare and submit a summary memorandum.
(3) The record of any appeal shall
consist of the information submitted by the parties and staff to the hearing
examiner, the report and recommendation, the transcript of the hearing,
if applicable, any objections to the report and
recommendation and the minutes of any personal appearance.
(4) The retirement board shall review the
report and recommendation and any objections to the report and recommendation
in determining whether to accept, reject, or modify the report and
recommendation and may remand to the hearing examiner for further findings
before making its final decision.
(5) The parties to the appeal and their
representatives shall be notified in writing by certified mail, return receipt
requested, of the retirement board's final decision.
(D) The retirement board's decision on any
determination conducted pursuant to this rule shall be final and determinative
and may be summarily applied to all similarly situated employees of the same
employer.
(E) The executive
director or the director's designee shall notify the parties to the appeal in
writing of any notice required by this rule.
