Chapter 4112-1 General Provisions

4112-1-01 Definitions.

When used in Chapter 4112. of the Revised Code and Chapters 4112-1 to 4112-3 of the Administrative Code:

(A) "Chair" or "chairperson" means the commissioner designated "chairman" by the governor pursuant to section 4112.03 of the Revised Code.

(B) "Charge" means a written statement made under oath or affirmation alleging that any person has engaged in or is engaging in unlawful discriminatory practices which is filed pursuant to rule 4112-3-01 of the Administrative Code and Chapter 4112. of the Revised Code.

(C) "Commission" means the Ohio civil rights commission and any of its designated representatives.

(D) "Commission attorney" means the attorney or attorneys directed by the attorney general of Ohio to represent the commission, pursuant to division (B) of section 4112.05 and section 4112.10 of the Revised Code.

(E) "Commissioner" includes any one of the members of the commission duly appointed, pursuant to section 4112.03 of the Revised Code.

(F) "Complainant" or "charging party" means any person filing a charge.

(G) "Complaint" means a formal complaint issued by the commission pursuant to Chapter 4112. of the Revised Code and rule 4112-3-05 of the Administrative Code.

(H) "Conciliation" means a process to achieve a just resolution which assures that any unlawful discriminatory practice of respondent will be eliminated by requiring appropriate affirmative relief or other action.

(I) "Continuing violation" means a violation of Chapter 4112. of the Revised Code that has no definite ending date. Whether or not a particular violation is continuing depends upon the circumstances of the case.

(J) "Director" means the duly appointed executive director of the commission.

(K) "Discriminate" includes, but is not limited to, segregating or separating, according different treatment, or taking actions fair in form but which have a disparate impact, on the basis of membership in a protected class.

(L) "Hearing examiner" or "administrative law judge" means a person or persons appointed by the commission pursuant to division (A)(3) of section 4112.04 of the Revised Code, to process complaints, conduct public hearings, and issue hearing examiner reports.

(M) "Party or parties" include the commission, the complainant or complainants, the respondent or respondents and other persons joined pursuant to rule 4112-3-05 of the Administrative Code.

(N) "Respondent" means a person against whom a charge has been filed, or with respect to whom an investigation has been initiated by the commission without a charge, or against whom a complaint has been issued.

(O) "Unlawful discriminatory practice" means any act or acts prohibited by sections 4112.02 , 4112.021 , 4112.022 , and 4112.14 of the Revised Code.

(P) Other terms used in Chapters 4112-1 to 4112-3 shall have the same meaning as set forth in Chapter 4112. of the Revised Code, unless the context requires another construction.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.02 , 4112.04 , 4112.05
Prior Effective Dates: 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02

4112-1-02 Computation of time.

(A) In computing any period of time referred to in the rules of the commission or contained in any order of the commission, the day of the act, event, or occurrence from which the designated procedure begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday observed by the state of Ohio, in which event the time period shall run until the end of the next day which is neither a Saturday, Sunday or a legal holiday All time periods are measured by calendar days, except where business days are expressly indicated.

(B) Whenever a party has a right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon that party and such notice or paper is served by mail, three days shall be added to the prescribed period.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.05
Prior Effective Dates: 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02

4112-1-03 General investigation.

(A) The commission may, in its discretion, conduct such general investigations into the problems of discrimination as it deems necessary or desirable and may study and report upon the problems of the effect of discrimination on any field of human relationships.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02

4112-1-04 Commission meeting.

(A) Public meetings. All commission meetings are public meetings. However, executive sessions may be closed to the public provided that the adoption or passage of a resolution, rule, regulation or other formal action is not involved.

(B) Executive sessions. The commission may hold an executive session at a regular or special meeting for the following purposes:

(1) To confer with an attorney for the commission concerning disputes involving the commission which are the subject of pending or imminent litigation. Litigation will be considered imminent at the point at which litigation is actually contemplated.

(2) To consider information required to be kept confidential by federal or state law.

(3) To consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a commission employee or official. Such session may be held to investigate charges or complaints against a commission employee or official provided, however, that such commission employee or official may request a public hearing. Furthermore, any final disposition of such matter shall be made in open meeting.

(4) To consider specialized details of security arrangements where disclosure of the matters discussed might reveal information that could be used for the purpose of committing or avoiding prosecution for a violation of the law.

(C) Commission committees. Committees created by the commission which act solely in an advisory capacity to the commission need not conduct meetings which are open to the public.

(D) Notice of meetings. The commission will provide notification of the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings pursuant to the following provisions.

(1) Any persons may ascertain the time and place of all regularly scheduled and special meetings by:

(a) Writing to the " public affairs office of the Ohio Civil Rights Commission at 30 E. Broad Street, 5th Floor, Columbus, Ohio 43215"; or

(b) By calling the commission; or

(c) By consulting the commission website at http://crc.ohio.gov.

(2) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. Such notice will be given to only one representative of any particular publication or radio or television station. A request for such notification shall be addressed to the " public affairs office of the Ohio Civil Rights Commission at 30 E. Broad Street, 5th Floor, Columbus, Ohio 43215." The request shall provide the name, mailing address, a maximum of two telephone numbers and, if available, a facsimile transmission number and an e-mail address where the media representative can be reached. The commission shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this paragraph.

(3) In the event of a special meeting not of an emergency nature, the commission shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed no later than four calendar days prior to the day of the special meeting.

(b) Notifying such representatives by telephone, facsimile transmission or e-mail no later than twenty-four hours prior to the special meeting.

(4) In the event of a special meeting of an emergency nature, the commission shall notify all media representatives on the list of such meeting by providing either the notice described in paragraph (D)(3)(b) of this rule, or notifying the clerk of the state house press room except that the notice need not be given twenty-four hours prior to the meeting but shall be given as soon as possible.

(E) Minutes of commission meetings. All minutes of regular or special meetings of the commission shall be prepared, maintained and made available for public inspection. Minutes of regular or special meetings and executive sessions need only reflect the general subject matter of discussions at such meetings. At the beginning of each commission meeting the executive director or the director's designee shall inform those present that the notice requirements set forth in this rule have been complied with and this shall be noted in the commission minutes.

Effective: 10/21/2013
R.C. 119.032 review dates: 11/01/2012 and 10/21/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11/4/1971, 11/15/1977, 12/23/1979, 7/12/1989, 8/10/1997, 1/11/1998, 10/17/2002

4112-1-05 Delegation of powers and duties.

Except where contrary to law, the commission may delegate any of the powers and duties of the commission to the members of the staff of the commission.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11/4/1971, 11/15/1977, 12/23/1979, 7/12/1989

4112-1-06 Certification of documents.

The director or the director's designee is authorized to certify all documents or records which are a part of the files and records of the commission.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02

4112-1-07 Incorporation by reference.

Where these rules incorporate by reference a provision of a statute, a civil rule, a regulation, or any other standard or guideline, such provision is incorporated as it exists at the effective date of these rules and as it may from time to time be amended

R.C. 119.032 review dates: 03/25/2013 and 03/25/2018
Promulgated Under: 119.03
Statutory Authority: 119.03
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11/4/1971, 11/15/1977, 10/17/2002

4112-1-08 Availability of rules.

The rules of the commission shall be available to the public at all commission offices. A certified copy of these rules shall be filed by the director with the secretary of state and the legislative service commission at Columbus, Ohio.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11/4/1971, 11/15/1977, 12/23/1979, 7/12/1989

4112-1-09 Service by the commission.

Except as otherwise provided in these rules or in the Ohio Revised Code, notices, decisions, orders, and other substantive process and papers of the commission may be served personally or by mail. Service by mail shall be deemed completed upon mailing. Whenever a party is represented before the commission by an attorney, service may be made upon the attorney in lieu of such party.

R.C. 119.032 review dates: 07/09/2013 and 07/09/2018
Promulgated Under: 119.03
Statutory Authority: 4112.04
Rule Amplifies: 4112.04 , 4112.05
Prior Effective Dates: 11-4-71; 11-15-77; 12-23-79; 7-12-89; 10-17-02