Ohio Code 4125.06 – Denial or revocation of registration – stay of decision – procedure on revocation
(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 a professional employer organization and rescind its status as a coemployer upon a finding that the professional employer organization has done any of the following:
Terms Used In Ohio Code 4125.06
- 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 a professional employer organization agreement and is assigned shared employees by the professional employer organization. See Ohio Code 4125.01
- Fraud: Intentional deception resulting in injury to another.
- Professional 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 the purpose of coemploying all or part of the client employer's workforce at the client employer's work site. See Ohio Code 4125.01
- 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 The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded.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.
- Shared employee: means an individual intended to be assigned to a client employer on a permanent basis, not as a temporary supplement to the client employer's workforce, who is coemployed by a professional employer organization and a client employer pursuant to a professional employer organization agreement. See Ohio Code 4125.01
- state: means the state of Ohio. See Ohio Code 1.59
- Subpoena: A command to a witness to appear and give testimony.
(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 a professional employer organization’s registration or to rescind its status as a coemployer is stayed pending the exhaustion of all administrative appeals by the professional employer organization.
The administrator shall adopt rules that require that when an employer contacts the bureau of workers’ compensation to determine whether a particular professional employer organization is registered, if the administrator has denied or revoked that professional employer organization’s registration or rescinded its status as a coemployer, 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 professional employer organization has the right to appeal the administrator’s decision.
(C) Upon revocation of the registration of a professional employer organization, each client employer associated with that professional 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 a professional employer organization’s registration, each client employer associated with that professional 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 shared employee the client employer and the professional employer organization shared.