Ohio Code 4133.09 – Denial and revocation of registrations
(A) In accordance with Chapter 119 of the Revised Code, the administrator of the bureau of workers’ compensation may deny registration or revoke the registration of an alternate employer organization and rescind its status as an employer upon a finding that the alternate employer organization has done any of the following:
Terms Used In Ohio Code 4133.09
- Alternate employer organization: means a sole proprietor, partnership, association, limited liability company, or corporation that enters into an agreement with one or more client employers for purposes of providing human resource management services and sharing employer responsibility and liability. See Ohio Code 4133.01
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Client employer: means a sole proprietor, partnership, association, limited liability company, or corporation that enters into an alternate employer organization agreement and shares employer responsibility and liability with the alternate employer organization. See Ohio Code 4133.01
- Fraud: Intentional deception resulting in injury to another.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- state: means the state of Ohio. See Ohio Code 1.59
- Subpoena: A command to a witness to appear and give testimony.
- Worksite employee: means an individual assigned to a client employer on a permanent basis, not as a temporary supplement to the client employer's workforce, and who is employed by both an alternate employer organization and a client employer pursuant to an alternate employer organization agreement. See Ohio Code 4133.01
(1) Obtained or attempted to obtain registration through misrepresentation, misstatement of a material fact, or fraud;
(2) Misappropriated any funds of the client employer;
(3) Used fraudulent or coercive practices to obtain or retain business or demonstrated financial irresponsibility;
(4) Failed to appear, without reasonable cause or excuse, in response to a subpoena lawfully issued by the administrator;
(5) Failed to comply with the requirements of this chapter.
(B) The administrator’s decision to deny or revoke an alternate employer organization’s registration or to rescind its status as an employer is stayed pending the exhaustion of all administrative appeals by the alternate employer organization.
The administrator shall adopt rules that require that when an employer contacts the bureau of workers’ compensation to determine whether a particular alternate employer organization is registered, if the administrator has denied or revoked that alternate employer organization’s registration or rescinded its status as an employer, and if all administrative appeals are not yet exhausted when the employer inquires, the appropriate bureau personnel shall inform the inquiring employer of the denial, revocation, or rescission and the fact that the alternate employer organization has the right to appeal the administrator’s decision.
(C) Upon revocation of the registration of an alternate employer organization, each client employer associated with that alternate employer organization shall file payroll reports and pay workers’ compensation premiums directly to the administrator on its own behalf at a rate determined by the administrator based solely on the claims experience of the client employer.
(D) Upon revocation of an alternate employer organization’s registration, each client employer associated with that alternate employer organization shall file on its own behalf the appropriate documents or data with all state and federal agencies as required by law with respect to any worksite employee the client employer and the alternate employer organization shared.