When any notice sent by registered mail is returned because the person fails to claim the notice, the agency shall send the notice by ordinary mail to the person at the person's last known address and shall obtain a certificate of mailing. Service by ordinary mail is complete when the certificate of mailing is obtained unless the notice is returned showing failure of delivery.
If any notice sent by registered or ordinary mail is returned for failure of delivery the agency either shall make personal delivery of the notice by an employee or agent of the agency or shall cause a summary of the substantive provisions of the notice to be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the last known address of the person is located. When notice is given by publication, a proof of publication affidavit, with the first publication of the notice set forth in the affidavit, shall be mailed by ordinary mail to the person at the person's last known address and the notice shall be deemed received as of the date of the last publication. An employee or agent of the agency may make personal delivery of the notice upon a person at any time.
Refusal of delivery by personal service or by mail is not failure of delivery and service is deemed to be complete. Failure of delivery occurs only when a mailed notice is returned by the postal authorities marked undeliverable, address or addressee unknown, or forwarding address unknown or expired. A person's last known address is the mailing address of the person appearing in the records of the agency.
Ohio Admin. Code 1301:11-1-08
Five Year Review (FYR) Dates: 5/20/2021 and 08/11/2026
Promulgated Under: 119.03
Statutory Authority: 4763.03, 4763.05
Rule Amplifies: 4763.05
Prior Effective Dates: 01/01/2009, 11/16/2011, 06/30/2013, 08/18/2016