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Ohio Laws and Rules
(A) The cemetery dispute resolution commission, in giving public notice as to the adoption, amendment, or rescission of any rule required to be adopted under Chapter 119. of the Revised Code, shall publish a notice, at least once, in the register of Ohio and in such other publications as the cemetery dispute resolution commission may determine from time to time. The notice shall appear at least thirty days prior to the date set for the hearing of the proposed action on any such rule. The notice shall meet the requirements of division (A) of section 119.03 of the Revised Code.
(B) The public notice shall specify the date, time and place of the hearing and shall include
(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefore.
(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.
(C) A copy of the public notice shall be provided by the cemetery dispute resolution commission to any person who has requested a copy and has paid the cost of copying and mailing.
(D) The cemetery dispute resolution commission shall be authorized to give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified in paragraphs (A) and (B) of this rule shall not in any way invalidate any action which may be taken by the cemetery dispute resolution commission at such hearing.
Effective: 09/25/2008
R.C. 119.032 review dates: 07/11/2008 and 06/30/2012
Promulgated Under: 119.03
Statutory Authority: 119.03, 4767.06
Rule Amplifies: 4767.06
Prior Effective Dates: 11/8/1993 (Emer.), 1/20/1994
(A) Meetings of the cemetery dispute resolution commission shall be held quarterly. Additional meetings may be held at the call of the chairman, or the vice-chairman when the chairman is unavailable, or a majority of the members of the commission.
(B) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place and purpose of all special meetings of the cemetery dispute resolution commission by writing to: “The Ohio Cemetery Dispute Resolution Commission, 77 South High Street 20th Floor, Columbus, Ohio 43215-6133 or by telephoning (614) 466-4100.
(C) Any person, upon request and payment of a fee fixed by the superintendent, may obtain in writing reasonable advance notice of all meetings of the cemetery dispute resolution commission at which any specific type of public business is to be discussed.
(D) At the time of the cemetery dispute resolution commission meeting held during the third quarter of each year, the cemetery dispute resolutioncommission shall select from among its members a chairman, vice-chairman and secretary, each to serve a one-year term.
Effective: 09/25/2008
R.C. 119.032 review dates: 07/11/2008 and 06/30/2012
Promulgated Under: 119.03
Statutory Authority: 4767.06
Rule Amplifies: 4767.05
Prior Effective Dates: 11/8/1993 (Emer.), 1/20/1994, 12/17/2001
As used in this chapter:
(A) “Cemetery,” “interment,” “burial right,” “entombment right,” and “columbarium right” shall have the same meanings as in section 1721.21 of the Revised Code.
(B) “Commission” means the Ohio cemetery dispute resolution commission created by division (A) of section 4767.05 of the Revised Code.
(C) “Complainant” means the person or persons that have filed a complaint.
(D) “Complaint” means a signed, written document filed with the division on a form provided by the division regarding the activity, practice, policy, or procedure of, or regarding an alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, 4735.22, or 4767.02 of the Revised Code, by, any person operating or maintaining a cemetery registered pursuant to section 4767.03 of the Revised Code, that adversely affects or may adversely affect the interest of an owner or family member of the owner of a cemetery lot or burial, entombment, or columbarium right.
(E) “Division” means the division of real estate and professional licensing in the Ohio department of commerce.
(F) “Parties” include the complainant and respondent.
(G) “Respondent” means the person shown by the cemetery registration records of the division as being the owner or the person responsible for the operation and/or maintenance of a cemetery, as defined in section 1721.21 of the Revised Code, that is the subject of the complaint.
(H) “Superintendent” means the superintendent of the division of real estate and professional licensing in the department of commerce.
Effective: 09/25/2008
R.C. 119.032 review dates: 07/11/2008 and 06/30/2012
Promulgated Under: 119.03
Statutory Authority: 4767.06
Rule Amplifies: 4767.06
Prior Effective Dates: 1/20/1994, 12/17/2001