(A) The director
may permit documents and information that are required to be filed with the
director within statutorily defined time frames in Chapter 4141. of the Revised
Code to be filed or submitted through the use of electronic means including,
but not limited to, a facsimile device, electronic network, or the
internet.
(B) All documents,
reports, application, appeals, notices, exceptions, voluntary contributions,
payments and other information required to be filed with the director within
statutorily defined time frames will be considered timely filed if received by
the director within the time prescribed in Chapter 4141. of the Revised Code,
except as follows:
(1) Use of U.S. postal
service or other similar carrier services
(a)
If the United States postal service or other similar carrier services are used
as the means of delivery, the enclosing envelope shall have a postmark or
delivery date that is on or before the last day of the statutorily defined time
frame.
(b) Where the postmark or
delivery date is illegible or missing, the documents, reports, applications,
appeals, notices, exceptions, voluntary contributions, payments, and other
information is timely filed if received no later than the end of the fifth
calendar day following the last day of the statutorily defined time
frame.
(2) Use of
postage meter mail
(a) Postage meter mail
supported by "Post Office Form 3817" will be considered to have been received
by the department on the date of the cancellation appearing on "Post Office
Form 3817."
(b) Other postage meter
mail will be considered to have been received by the department on the date
appearing on the meter imprint. However, if postage meter mail is received by
the department more than five calendar days after such date, the director may
request that additional evidence verifying the meter imprint date be provided
and consider such evidence in determining the date of receipt.
(3) Use of "electronic means"
(a) When electronic means are used as the
method of delivery, the document or information submitted is to be received by
a facsimile device, electronic device, or at an electronic address designated,
operated and maintained by the director; and be confirmed by the director to
have been received within the statutorily prescribed time frame.
(b) If the director finds that a document or
information received electronically is unintelligible or incomplete, the
director may disregard the transmitted document or information in rendering a
determination, decision, or order with respect to which the transmitted
document or information would otherwise be relevant.
(4) Extended filing
When documents, reports, applications, appeals, notices,
exceptions, voluntary contributions, payments and other information have a
filing due date that falls on Saturday, Sunday, or a legal holiday as defined
by section
1.14
of the Revised Code, they are considered timely if filed on the next work
day.
(C) Where
the department has not received, has disregarded as unintelligible or
incomplete, or is unable to locate an appeal, said appeal will be considered to
have been received timely if the sender provides independent verification to
demonstrate that the appeal was mailed, submitted electronically or filed in
person within the statutorily prescribed time frame.
(D) Definitions:
(1) For purposes of this rule, "facsimile
device" means a device that electronically or telephonically receives and
transmits reproductions or facsimiles of documents.
(2) For the purposes of this rule, "internet"
means an electronic communications network that connects computer networks and
organizational computer facilities via routers worldwide.
(3) For the purposes of the rule, "workday"
means any day that is not a Saturday, Sunday, or legal holiday.
(4) For the purposes of this rule,
"electronic means" includes, but is not limited to, a facsimile device,
electronic network, or the internet.
(E) This rule does not apply to
quarterly reports. Filing of quarterly reports is governed by Chapter 4141-11
of the Administrative Code.
Notes
Ohio Admin. Code
4141-19-01
Effective:
10/21/2022
Five Year Review (FYR) Dates:
1/9/2025
Promulgated Under:
119.03
Statutory Authority:
4141.13
Rule Amplifies:
4141.20,
4141.23,
4141.24,
4141.241,
4141.26,
4141.28
Prior Effective Dates: 01/01/1972, 07/03/1986, 05/29/1990,
06/01/1994, 07/01/1998, 03/26/1999, 12/14/1999, 01/15/2001, 01/26/2002,
01/01/2003, 01/01/2006, 02/02/2015,
01/09/2020