Ohio Administrative Code|Rule 126-2-01 | Lack of funds.

                                                
(A) As used in this rule:
(1) "Appropriation," "Disbursement,"
			 "Expenditure," "Encumbrancing document," "Fund,"
			 and "Warrant" have the same meaning as defined in section 131.01 of
			 the Revised Code.
(2) "Lack of funds" has the
			 same meaning as defined in section 124.321 of the Revised Code.
(B) This rule applies to appointing authorities that employ
		  persons whose salary or wage is paid by warrant of the director of budget and
		  management, the director shall determine whether there is a lack of funds
		  within an appointing authority such that employees may be laid off under
		  section 124.321 of the Revised Code.
(C) If an appointing authority determines
		  it is necessary to reduce its workforce pursuant to section 124.321 of the
		  Revised Code, the appointing authority may request the director of budget and
		  management to determine if a lack of funds exists.
(D)  
(1) The director shall
			 first determine whether an appropriation or fund within an appointing authority
			 has a current or projected deficiency of funding necessary to maintain current,
			 or to sustain projected levels of staffing and operations.
In order to make such a determination, the
			 director shall consider the following:
(a) The expenditures already charged to the appropriation, the
				encumbrancing documents reserved against the appropriation, and the projected
				disbursements for the remainder of the fiscal year, including termination or
				unemployment costs that may be incurred in the event of a layoff.
(b) The adjusted, remaining amount of appropriation in the fiscal
				year.
(c)  If the appropriation is made from a fund other than the
				general revenue fund, the cash balance of and anticipated revenues in the
				fund.
(2) If the director determines that the
			 adjusted, remaining amount of appropriation or, if applicable, the fund's
			 cash balance and anticipated revenues are not sufficient to pay for the current
			 expenditures, emcumbrancing documents, and projected disbursements identified
			 in paragraph (D)(1)(a) of this rule for the remainder of the fiscal year, the
			 director shall find that the appropriation or fund has a current or projected
			 deficiency of funding.
(E)  
(1) If the director finds
			 that an appropriation or fund has a current or projected deficiency of funding
			 under paragraph (D) of this rule, the director may analyze all appropriations
			 made to the appointing authority in order to determine whether there is a lack
			 of funds within an appointing authority.
In order to make such a determination, the
			 director shall consider the following:
(a) For each appropriation expenditures already charged to the
				appropriation, the encumbrancing documents reserved against the appropriation,
				and the projected disbursements for the remainder of the fiscal year, including
				termination or unemployment costs that may be incurred in the event of a
				layoff.
(b) For each appropriation, the adjusted, remaining amount of
				appropriation in the fiscal year. 
(c) If the appropriation is made from a fund other than the
				general revenue fund, the cash balance of and the anticipated revenues in the
				fund.
(2) If the director determines that the
			 adjusted, remaining amount of appropriation and anticipated revenues in all
			 funds, inclusive of any transfer of all or part of an appropriation or cash
			 between funds or appropriation items or other appropriate action that is
			 otherwise authorized by law would not correct a current deficiency or avoid a
			 projected deficiency of funding in an appropriation or fund because the
			 adjusted, remaining appropriation and anticipated revenues are not sufficient
			 to pay for the current expenditures, encumbrancing documents, and projected
			 disbursements identified in paragraph (D)(1)(a) of this rule, the director may
			 find that there is a lack of funds within the appointing
			 authority.
(3) In order to make such
			 a determination, the director may also consider whether a transfer of all or
			 part of an appropriation or cash in excess of need between funds or
			 appropriation items or other appropriate action that is otherwise authorized by
			 law would correct a current deficiency or avoid a projected deficiency of
			 funding in an appropriation or fund.
(F)  
(1) Notwithstanding
			 paragraphs (D) and (E) of this rule, the director may determine that there is a
			 lack of funds within an appointing authority if the director finds that a
			 program within the appointing authority has a current or projected deficiency
			 of funding, necessary to maintain current, or to sustain projected levels of
			 program staffing and operations for the programs funded by the federal
			 government, special revenue accounts, or proprietary accounts.
In order to make such a determination, the
			 director shall consider the following:
(a) For any appropriation made to the appointing authority for
				the program and any fund which appears to have a deficiency of funding for the
				program, the adjusted, remaining amount of appropriation in the fiscal
				year.
(b) The program expenditures already charged to the
				appropriation, the encumbrancing documents reserved against the appropriation,
				and the projected disbursements for the remainder of the fiscal year, including
				termination or unemployment costs that may be incurred in the event of a
				layoff.
(c) Whether the cash balance and anticipated revenues in the fund
				supporting the program are sufficient to maintain the current or projected
				levels of program staffing and operations.
(d) If the director determines that the fund's cash balance
				and anticipated revenues are not sufficient to maintain the current or
				projected levels of program staffing and operations, the director may find that
				the fund has a current, or to sustain projected deficiency of funding. On the
				basis of such a deficiency, the director may find that there is a lack of funds
				within an appointing authority.
(2) For purposes of this
			 paragraph, the director shall determine which accounts constitute "special
			 revenue accounts" and "proprietary accounts" as indicated by the
			 prevailing appropriations acts of the general assembly.
(G) For the purposes of paragraphs (E)
		  and (F) of this rule, the director is not required to analyze all
		  appropriations made to the appointing authority. The director is not required
		  to ascertain whether a transfer of all or part of an appropriation or a
		  transfer between funds of all or part of a cash balance in excess of need or
		  other action would correct a current, or to sustain projected deficiency of
		  funding necessary to maintain current or projected levels of program staffing
		  and operations.
(H) Whenever a program receives funding
		  through a grant or similar mechanism, a lack of funds shall be presumed for the
		  positions assigned to and the employees who work under the program if the
		  funding is reduced or withdrawn for any reason.
(I) Notwithstanding the other paragraphs
		  of this rule, the director may determine that there is a lack of funds within
		  an appointing authority if the cash balance of a fund appropriated for both
		  employee compensation and state distributed subsidy or grant payments has a
		  current or projected deficiency in cash for those purposes. In making this
		  determination, the director may consider the legally authorized expenditures of
		  the fund, the intent of the subsidy or grant payments, and the need to continue
		  to make such subsidy or grant payments.
(J) After following the provisions of this rule, the director
		  shall make a determination regarding the status of funds within the appointing
		  authority. If the director finds that there is a lack of funds within an
		  appointing authority, the director shall inform the appointing authority of the
		  amount of the current or projected deficiency of funding necessary to maintain
		  current, or to sustain projected levels of staffing and
		  operations.