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Appeal Process

Case Creation and Review

When an appeal is filed with SPBR, it is assigned a case number and a file is created. The appeal receives an initial screening to determine jurisdiction and to ensure that any O.R.C. 124.34 Orders issued to the employee are procedurally correct. If a jurisdictional question exists, the appeal will be assigned to an Administrative Law Judge (ALJ) for further clarification. If a O.R.C. 124.34 Order is determined to be procedurally defective, the appeal is assigned to the Board for appropriate action. 

Assigned to Administrative Law Judge

Once an appeal has been assigned to an Administrative Law Judge (ALJ) or to the Board and it has been determined that there is cause to proceed with the appeal, a prehearing and/or record hearing will be scheduled. The record of an appeal may be developed by questionnaire at any time during the appeal process, and a decision may be made based solely upon the contents of the record, when appropriate. This approach is most often utilized in an investigatory appeal. The Board or ALJ may also consider it necessary to request copies of an employee's job audit, or other materials necessary for clarification of the issues involved in an appeal. 

Mediation / Settlement

If an appeal appears to be amenable to settlement or mediation, the matter may be referred for an alternative resolution at any time during the appeal process. Any party to an appeal may request a settlement conference either in writing or by telephone. A request for a settlement conference may be made at any time after an appeal is filed and prior to a scheduled record hearing, however, a scheduled record hearing will not be continued based solely upon a party's request for settlement. 

Report and Recommendation

If the appeal was assigned to an ALJ, upon conclusion of the record hearing process the ALJ will issue a Report and Recommendation to the Board for its approval, disapproval, or modification. Parties have the opportunity to submit objections to the ALJ's Report and Recommendation prior to the Board's final decision.

Opinion and Board Order

When an appeal is assigned to the Board, the Board will issue an Opinion and Board Order at the conclusion of the record hearing process. Once the Board has issued its final order, its decision may be appealed to the appropriate Court of Common Pleas, as provided for by law.