Chapter 1301:13-1 General Provisions

1301:13-1-01 Public notice of intention to consider adopting, amending or rescinding 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) The cemetery dispute resolution commission may 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 paragraph (A) 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: 02/04/2013
R.C. 119.032 review dates: 11/20/2012 and 06/30/2017
Promulgated Under: 119.03
Statutory Authority: 119.03 , 4767.06
Rule Amplifies: 4767.06
Prior Effective Dates: 11/8/1993 (Emer.), 1/20/1994, 09/25/2008

1301:13-1-02 Public meetings.

(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:

(1) Writing to: "The Ohio Cemetery Dispute Resolution Commission, 77 South High Street 20th Floor, Columbus, Ohio 43215-6133";

(2) Calling the following telephone number during normal business hours (614) 466-4100, or

(3) Accessing the division of real estate and professional licensing website.

(C) Any person may receive notice of all meetings of the Ohio cemetery dispute resolution commission. The superintendent shall cause a list to be maintained of all persons who have requested such notification. Any person wishing to receive notification shall notify the superintendent that they wish to be included on the mailing list for such notices. Requests shall:

(1) Be given in writing to the address given in paragraph (B)(1) of this rule or by electronic mail sent to WebReal@com.state.oh.us or such other address as may from time to time be published on the division's web site.

(2) State that the requestor wishes to be notified of all public meetings of the commission or those at which specific topics stated by the requestor are to be discussed.

(3) Indicate if the requestor wishes to be notified by electronic mail, fax. or printed notice.

(4) Provide the requestor's electronic mail address, mailing address or fax number.

(5) State if the requestor is a media representative who wishes to be notified of special meetings pursuant to division (F) of section 121.22 of the Revised Code. If a media representative requests notice of special meetings the media representative shall also provide no more than two telephone numbers at which they may be reached.

(D) The superintendent shall cause a notice to be distributed to all persons on the mailing list at least five calendar days before each regularly scheduled meeting of the board. The superintendent shall make all reasonable effort to provide notice of all special meetings in compliance with division (F) of section 121.22 of the Revised Code.

(E) Fees shall be assessed in conformity with the Ohio department of commerce public records request policy and division (B) of section 149.43 of the Revised Code.

(F) At the time of the cemetery dispute resolution commission meeting held during the third quarter of each year, the cemetery dispute resolution commission shall select from among its members a chairman, vice-chairman and secretary, each to serve a one-year term.

Effective: 02/04/2013
R.C. 119.032 review dates: 11/20/2012 and 06/30/2017
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, 09/25/2008

1301:13-1-03 Definitions.

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 , 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: 02/04/2013
R.C. 119.032 review dates: 11/20/2012 and 06/30/2017
Promulgated Under: 119.03
Statutory Authority: 4767.06
Rule Amplifies: 4767.06
Prior Effective Dates: 1/20/1994, 12/17/2001, 09/25/2008