Hartzell Propeller, Inc. v. Ohio Bureau of Employment Services

Michael A. Brame, Judge.

This is an appeal by the Administrator of the Ohio Bureau of Employment Services from a judgment rendered by the common pleas court which reversed the administrator’s decision to deny an application by a successor employer for transfer of its predecessor’s rating experience pursuant to R.C. 4141.24(F). The common pleas court concluded that the sixty-day filing requirement for such applications prescribed by Ohio Adm.Code 4141-17-01(A) contravenes the administrator’s rulemaking power authorized by R.C. 4141.24(F).

Appellee, Hartzell Propeller, Inc., acquired on April 9,…