LAW
Writer®
Ohio Laws and Rules
(A) The board of library trustees of a school district library whose taxing authority has been involved in a school district consolidation may apply to define and adjust the boundaries of its library district and/or resolve any disputes or questions pertaining to the boundaries, organization, and operation of the new library district. Such application shall be communicated in writing to the state librarian as secretary of the state library board and shall contain:
(1) Information on the boundaries of the library district prior to the consolidation of school districts, including documents and maps;
(2) Information on school districts involved and the boundaries of said districts before and after their consolidation, including maps and documentation;
(3) Enumeration of the questions raised by the consolidation of school districts;
(4) The proposed boundaries of the library district, including a map;
(5) Any other pertinent information relating to the circumstances, problems, and parties involved.
(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. If this investigation shows that two or more boards of library trustees are in dispute about the proposed boundary, the state librarian shall invite each of the boards to submit a statement and documentation relating to their positions. The state librarian, upon completion of his study, shall transmit to the board a proposed resolution or resolutions for redefinition of the boundaries, and resolution of any other disputes or questions, notify the board of library trustees which initiated the request and any other adjacent board of library trustees by the manner outlined in Chapter 119. of the Revised Code as follows in part:
(1) Notice shall be given to the boards of library trustees of all adjacent library districts by registered mail of their right to a hearing on the question of the defining or adjusting of the library boundaries;
(2) The notice shall include the reason or reasons for the board’s proposed approval, disapproval or modification action, 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 requests a hearing, the board shall immediately set the time and place for such hearing and notify all affected boards of library trustees thereof the date of the hearing which shall be within fifteen days but no 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) The state library board shall notify all the boards of library trustees involved of the library board’s decision.
(D) Any board of library trustees for a library district adversely affected by any order of the board issued pursuant to an adjudication hearing may appeal to the court of common pleas of Franklin county pursuant to section 119.12 of the Revised Code.
(E) The order of the state library board relating to boundaries shall be certified within thirty days by the state librarian to the boards of elections, taxing authorities, the boards of trustees 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