Ohio Admin. Code 124-3-02 - Service of "section 124.34 orders" and orders of involuntary disability separation
(A) A "section
124.34 order" or an order of
involuntary disability separation is served on an employee when:
(1) It is personally served upon the
employee; or
(2) It is
received by
delivered tothe employee
at the employee's last known address, by certified mail
with electronic delivery confirmation, return receipt requested; or
(3) It is left at the usual place of
residence, or last known address of the affected employee, with an adult
residing therein.
(B)
At any timeIf the
service
delivery by
certified mail
one
of the methods listed under paragraph (A)(2) of this rule is
attempted but unsuccessful as evidenced by the
electronic service delivery or trackingreturned with an endorsement showing the service was refused
or unclaimed, then the "section
124.34 order" or the order of
involuntary disability separation may be sent by ordinary mail, evidenced by a
certificate of mailing. A "section
124.34 order" or an order of
involuntary disability separation issued to an employee under the provisions of
this paragraph shall be deemed served on the third calendar day after the order
is mailed.
(C) Employees shall
notify the appointing authority of any changes of address throughout their
employment. A "section
124.34 order" or an order of
involuntary disability separation will not be disaffirmed based upon an
appointing authority's failure to serve the employee with a copy of the order
where the employee has failed to notify the appointing authority of a change of
address and the appointing authority has attempted to serve a copy of the order
to the employee's last known address. The burden is on the employee to prove
the appointing authority was notified of a change in the employee's
address.
Notes
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34, 4167.13
Prior Effective Dates: 07/26/1979, 03/03/1986, 03/01/1993, 05/18/2000, 03/24/2014, 03/24/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34, 4167.13
Prior Effective Dates: 07/26/1979, 03/03/1986, 03/01/1993, 05/18/2000, 03/24/2014
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