3375-4-02 Procedure for determining county district library boundaries pursuant to division (E) of section 3375.01 of the Revised Code.

(A) The board of library trustees of the county district library which desires to apply to determine its boundaries shall submit to the state librarian its duly adopted resolution requesting such determination. The requesting board shall also furnish, on a form determined by the state librarian, the following information and documentation:

(1) A copy of the resolution by which the county district library was established;

(2) Information as to the current boundaries of the county district library, including maps;

(3) A statement of facts regarding the circumstances which have raised questions on the boundaries of the county library district, including maps and documentation;

(4) Any other pertinent information relating to circumstances and other parties that might be affected by a determination of boundaries;

(5) The proposed boundaries.

(B) Upon receipt of this communication, the state librarian shall within the sixty days following such receipt, review and study the proposal. The state librarian may request further information and may conduct whatever investigation of the facts he deems necessary to procure a full explanation of the proposed action. The state librarian, upon completion of his study, shall transmit to the board a proposed resolution for redefinition of the boundaries, notify the board of library trustees which initiated the request, and the boards of library trustees of library districts otherwise involved by the manner outlined in Chapter 119. of the Revised Code as follows in part:

(1) Notice shall be given to the board of library trustees which initiated the request and to the boards of library trustees of all adjacent library districts by registered mail of their rights to a hearing on the question of the determination of the library boundaries;

(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval, or modification, and a statement informing the library board that they are entitled to a hearing, if they request it, within thirty days of the time of mailing the notice;

(3) The notice shall also inform the board of library trustees of the affected library districts that they may appear in person or by their attorney or present their position in writing and that at the hearing they may present evidence and examine witnesses;

(4) If any such board of library trustees is involved in a hearing, the board shall immediately set the time and place for such hearing and notify all affected board of library trustees thereof the date of the hearing which shall be within fifteen days but not earlier than seven days after the library district has requested the hearing unless otherwise agreed to by both parties and shall conduct a hearing pursuant to sections 119.08 to 119.10 of the Revised Code.

(C) If the state library board issues an order approving the resolution, the state librarian shall certify such action to the board of library trustees of libraries adjacent to the requesting library district.

(D) If by board order the resolution is modified or disapproved, the state librarian shall within thirty days advise the board of library trustees which initiated the request and the boards of library trustees of libraries adjacent to the requesting library district, and specify the reasons for modification or disapproval.

(E) Within thirty days after the state library board’s determination, the state librarian shall certify such action to the boards of election, taxing authorities, the boards of libraries affected and other appropriate bodies set forth in division (H) of section 3375.01 of the Revised Code.

HISTORY: Eff (Amended) 4-27-76; 1-30-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3375.01

119.032 Review Date: 5-20-99, 5-20-04